Question:
The child support in my case was imputed based on minimum wage two years ago. Since then I found out that my exwife started selling on Ebay prior to the final hearing. She has built a lucrative business for herself, right there on the internet for all the world to see. The gross receipts are totaling between $10,000 and $15,000 per month. If I'm right this is considered "business income" correct? I realize she will be able to deduct "expenses" from these totals but that is still better than a child support calculation at $5.15 per hour. She has been very careful to place all assets in her boyfriend's name alone. Two homes built in the past two years, 3 vehicles, etc. All in his name so I cannot touch it. The sad thing is even making this much money she still doesn't pay her child support until 3 to 4 months go by and the court tries to take her DL away. Then she will make a big payment. I have compiled a list of the documents I would need to subtract from her gross receipts to get a net income for her. She will have to produce them upon discovery though. I'm very frustrated and need to know if I have a good case. I support a family of five on my income alone and we have to utilize government programs to get by, including the child's health insurance. Meanwhile, the mother keeps lying about her income. Ughhh...I'm just tired of the lies, my daughter deserves more.
Answer:
Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Florida. You have the ability to request a modification. Her income is relevant, even if she tries to hide the information on her income. You can use your state agency for collection of child support to file a modification based upon changes of circumstances. Also you can file a Motion to Modify with the Court.
