Are the factors below enough to qualify me for a child support modification?
I pay child support and for my child’s after school care, though that payment is not mandated by the court.
However, I have learned that I am paying for my child’s after school care so that my ex-wife can work a significant amount of overtime resulting in a much higher income than she reported.
Could I get a modification of child support based on her previously unreported overtime pay and the fact that I’m paying for child care costs that the court does not know about?
It sounds like you’re a good candidate for a child support modification. Generally, modification of child support requires a showing that there has been a “material change in circumstances.”
Each jurisdiction interprets this a little differently, but as a rule the material change must affect some factor that was originally a part of the child support computation. Where I practice, these include a change in income, a change in health insurance costs, a change in the physical child custody schedule, and/or a change in costs associated with child care.
If your state has similar rules, you potentially have claims based on at least two of these factors. She has a change in income based on her significant overtime, and if you’re going to pay for after school care, you should get credit for it on your child support computation if your state allows it.
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If there is no court order requiring you to pay the after school care costs, you don’t have to pay them. You should consider filing a Motion to Modify Child Support so you can get this matter straightened out as quickly as possible.
I strongly recommend you seek the advice of a skilled family law attorney who is well-versed in child support laws as you move forward.