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When we separated, my ex spouse was making 31,500 per year. The custody is 58-42 for her. She is now full-time and is making 52, 500. What are the chances of getting a modification of support? Can she even make an argument to keep it the same?
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I assume you are referring to child support rather than spousal support. Child support is based on a statutory guideline that considers several factors, including the parental timeshare, the incomes of each party and the tax deductions of each party. So, if the mother's income has substantially increased, this would have a corresponding impact on guideline child support. Mother can contest that her income is what you say it is - but she cannot contest that guideline support should be set regardless of her income. I hope this answers your question.
Answered on Nov 04th, 2014 at 2:13 PM