Default?

[vicarious1]

What is the name of your state (only U.S. law)? WY

I filed for a modification of child support back in June. He was unemployed at the time of the custody/support agreement went in place and in the agreement it stated that he would file a financial affidavit when he attained full time employment. He didn't, and now has a job making making over $3k a month so I filed for the modification.

He got a lawyer a month later and they sent their response but he still has not filed his financial affidavit yet (nearly two months later) so my question is; can he be held in default? I believe he was late sending the response in the first place. And more importantly would it be in my best interest to file for it without his financial information available?

 

[mistoffolees]

You can do it your way, but it's likely to be a long battle. There are a lot of ways for ex to delay things.

I would go to your child support enforcement office and ask their help in getting a child support order in place.

 

[vicarious1]

First, thank you for the reply.

Sorry I wasn't very clear. In the original agreement he was ordered to pay child support but it was based on minimum wage and he was supposed to have it recalculated when he found full time work.

The exact wording is:
For purposes of the child support computation, Petitioner's net monthly income is imputed to be $X. Both parties will exchange Financial Affidavits within 30 days after Petitioner becomes a full time employee. The parties intend to recompute child support based on those updated financial affidavits with the new child support obligation to begin on the first day of the month after the expiration of the 30 days exchange of the Financial Affidavits.

He never told me when he found work and insisted for a year he was making little over minimum wage. During this time he didn't pay anything and I eventually did get CSE involved. They garnished his wages but told me they wouldn't recalculate until 3 years from the original agreement.

So now I've filed for modification (paid to have the case reopened too) and filed my FA. The question is what next? He hasn't filed his FA yet and it has been almost 2 months.

 

[mistoffolees]

First, thank you for the reply.

Sorry I wasn't very clear. In the original agreement he was ordered to pay child support but it was based on minimum wage and he was supposed to have it recalculated when he found full time work.

The exact wording is:
For purposes of the child support computation, Petitioner's net monthly income is imputed to be $X. Both parties will exchange Financial Affidavits within 30 days after Petitioner becomes a full time employee. The parties intend to recompute child support based on those updated financial affidavits with the new child support obligation to begin on the first day of the month after the expiration of the 30 days exchange of the Financial Affidavits.

He never told me when he found work and insisted for a year he was making little over minimum wage. During this time he didn't pay anything and I eventually did get CSE involved. They garnished his wages but told me they wouldn't recalculate until 3 years from the original agreement.

So now I've filed for modification (paid to have the case reopened too) and filed my FA. The question is what next? He hasn't filed his FA yet and it has been almost 2 months.

None of that changes what I posted. Your local CSE office can help with a modification.