Here goes...my child support order was implemented at the end of '04 and have had trouble paying ever since...
I was unemployed at the time of the decision (I went in pro se), so the judge imputed my income at $2,500 monthly. My monthly obligation, including arrears is $712 monthly. This has been a very difficult amount to keep up with, but I did for a couple of years. After much difficulty and a protracted divorce (with custody issues) I decided to move to Chicago with my fiancee' (yes I'm doing it again!). Not an easy decision to leave my daughter behind, but I was emotionally crippled (some would still say I am) after the mud-slinging I went through with the divorce. I now have a 3 year old son with my fiancee' (getting married in July).
My ex has recently relocated from FL (that's where we lived together) to Wash DC and gotten remarried. They just bought a house and are doing well. I on the other hand have been unemployed and receiving unemployment insurance for nearly a year. I have not been able to keep up with support during this time. I've paid what I could (usually $200-$300 monthly) and have been going to school to better myself while actively looking for work. The problem is, I've been nothing but a waiter or bartender for the better part of my adult life (I'm 39) and want/need a drastic change in my life, hence the schooling. I know her standard of living is better than mine and I need to prove this.
She is starting to thraeten me with court again and this scares the hell out of me. I've been accruing arrears throughout this year and added to what the judge initially put into the agreement, I must owe almost $20,000 by now!!! My question is (finally!), if I try to modify support, can she file for contempt of court (for paying less) during the same proceeding? Or does it have to be a separate filing and court date? Also, if I file, can I ask her for her financial statements?
To anyone that takes the time to read this, this is the very short version, but thanks and God bless.