Income calculation in child support...perjury??

[goliath7]

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

Let me preface this by saying that I understand that I must support my child....I simply want a just order.

This will seem rather lengthy so bare with me. I let my divorce finalize by default because my ex and I agreed on the terms. On the child support orders, both of our incomes were listed as incorrect...her's $2400/month..mine $3000/month. I thought nothing of it and knew it would get corrected....it did...all in her favor.

She went back the week after the divorce was final and amended the child support order. She corrected my salary, which is $6000/month, but left her salary at $2400/month. The current/amended order is costing me about $200 more a month in child support.

So, my questions:

Is that not perjury? She knows that her salary is about $3500 a month and I can prove it with her 2010 W-2



What else might I need to prove she perjured herself in court? not only once...but the second time as well?


What is/are the possible outcome(s)/scenario(s) that could play out in court? Surely the judge will not overlook my ex's fraud???


Might I be able to re-negotiate a modified parenting plan and visitation so I could see my daughter more as a result of my ex not wanting me to bring up the perjury offense in court? Maybe we could present an agreed upon modified parenting plan/visitation schedule as well as a new child support order with our correct salaries?


Or would it be better to schedule the hearing, let the judge rule, and then modify the parenting plan, child support, and visitation?



Thanks in advance for any help you can provide!

[justalayman]

and how did you respond when you heard there was a motion to amend the support order? Did you simply allow that to continue and the result is due to your default actions?


Give up on the perjury. It isn't going to happen.

[Proserpina]

Why would visitation be modified?

The likelihood is that Mom won't even get a slap on the wrist. Support can be modified - end of story. She certainly won't lose any parenting time as a result - child support and visitation are two entirely different animals.

However, YOU also had a duty to make sure the numbers were correct. That you didn't do so isn't Mom's fault.

[cbg]

The fact that her W-2 supports a salary of $3500 a month in 2010 does not mean that she is making $3500 a month now. You're going to need more than 2010's W-2 to prove that, in October/November 2011, she is still making the same amount.

[goliath7]

To Justalayman.....there was no notice sent about the amended orders...I simply received the amended order already signed off b the judge in the mail.

[goliath7]

Tp CBG...she is actually making more now

[goliath7]

I am not saying that it is mom's fault..however..the fact that she amended the child support order and did not change her salary?????that has to be relevant???/

[Proserpina]

I am not saying that it is mom's fault..however..the fact that she amended the child support order and did not change her salary?????that has to be relevant???/

It's not relevant at all to visitation.

And honestly, Mom is not going to jail or anything even vaguely close to that.

[justalayman]

To Justalayman.....there was no notice sent about the amended orders...I simply received the amended order already signed off b the judge in the mail.

and you responded to the notice how?

[goliath7]

Originally Posted by goliath7
To Justalayman.....there was no notice sent about the amended orders...I simply received the amended order already signed off b the judge in the mail.

and you responded to the notice how?


Here again...I did not receive a notice about the amended orders...I received the amended orders this past Thursday.

[CourtClerk]

Ok, let me try it this way.

Since YOU also noticed that the figures were initially incorrect, what did YOU do to ensure that the correct amount of support was paid? Or was it OK when it was in your favor?

[justalayman]

Originally Posted by goliath7
To Justalayman.....there was no notice sent about the amended orders...I simply received the amended order already signed off b the judge in the mail.

and you responded to the notice how?


Here again...I did not receive a notice about the amended orders...I received the amended orders this past Thursday.

so, is receiving the amended order not you receiving notice the order had been amended? Being obtuse will not get you anywhere.

[goliath7]

so, is receiving the amended order not you receiving notice the order had been amended? Being obtuse will not get you anywhere.

Yes....I plan on consulting with an attorney this week...however...I wonder if there is anything I can really do??? Might i be able to amend the amended order???

[goliath7]

Ok, let me try it this way.

Since YOU also noticed that the figures were initially incorrect, what did YOU do to ensure that the correct amount of support was paid? Or was it OK when it was in your favor?

She had her attorney chalk it up as an error in the CS worksheet only a week after the CS order went into effect. Might I be able to claim the same as she did?

[snuffleupagus]

I'm curious why you were happy enough when the calculations were based on HALF of your actual income, but not now when it's based on only 2/3s of hers... You do realize that you, too, commited perjury when you affirmed that you only make $3k, right? So... be careful how hard you point the finger at her - the others point back at you...