Dissolved Business to show he makes nothing

[ice5146]

What is the name of your state? FL

My ex-husband owned his own trucking business and drove over-the-road while having custody of my daughters. I filed a Motion for Mod of Custody in Aug 2003.

Since he knew I had a case with him never being home, amongst 1000 other issues, he sold the truck, dissolved the business and took a job making 19.00 per hour.

Since I took him to court for Contempt after Filing the initial Motion, he has decided to Counter-Sue for increased child support in which he wants more from me per month (2200.00) than he makes on his new job. Had Final Hearing 7 months ago but still no decision from Judge if I won case.

Do Judges have to look at what the CP is capable of making instead of allowing me to be raked just because I am seeking custody for good cause? If I happen to lose the Modification Case, would I have ground for Appeal for the child support increase?

 

[Gracie3787]

What is the name of your state? FL

My ex-husband owned his own trucking business and drove over-the-road while having custody of my daughters. I filed a Motion for Mod of Custody in Aug 2003.

Since he knew I had a case with him never being home, amongst 1000 other issues, he sold the truck, dissolved the business and took a job making 19.00 per hour.

Since I took him to court for Contempt after Filing the initial Motion, he has decided to Counter-Sue for increased child support in which he wants more from me per month (2200.00) than he makes on his new job. Had Final Hearing 7 months ago but still no decision from Judge if I won case.

Do Judges have to look at what the CP is capable of making instead of allowing me to be raked just because I am seeking custody for good cause? If I happen to lose the Modification Case, would I have ground for Appeal for the child support increase?

Under normal circumstances if a CP is underemployed the court will impute income based on earning capability.

HOWEVER, from what you've posted, your case will probably be viewed differently and earnings might not be imputed:

1. CP had OTR job while having custody, apparently with your OK. CP changed job to allow more time with children, most likely in response to your petition for custody and claims of not being with children enough.

2. With fuel prices, truck insurance, and other costs associated with being an owner operator being at an all time high, it might be very hard to convince a court that the CP actually lost money by taking a different job.

To file an appeal there has to be some error made by the court, and losing isn't a reason by itself to be able to appeal. Plus, appeals are VERY costly.