Voluntary underemployment?

[orlenok]

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

Please help,

We had an out of court agreement where I pay her certain amount of money. Last year she quit her high paying job and got a new one which pays approx %25 less. Now she wants to recalculate the amounts based on her last paychecks which are obviously much lower then it used to be. Does it qualify as voluntary underemployment?

I called child support office but all they do is to go by last paychecks and said if I want to claim underemployment then I have to go to the judge to explain it.
What are my chances to explain underemployment?
What information I need to provide to prove it?
Do I need to get a l lawyer for that if so how much that could cost, approx of course?
What is she stays underemployed for few years?

I know that for the last few years she been making much more that she makes right now.

Thanks in advance.

[Gracie3787]

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

Please help,

We had an out of court agreement where I pay her certain amount of money. Last year she quit her high paying job and got a new one which pays approx %25 less. Now she wants to recalculate the amounts based on her last paychecks which are obviously much lower then it used to be. Does it qualify as voluntary underemployment?

I called child support office but all they do is to go by last paychecks and said if I want to claim underemployment then I have to go to the judge to explain it.
What are my chances to explain underemployment?
What information I need to provide to prove it?
Do I need to get a l lawyer for that if so how much that could cost, approx of course?
What is she stays underemployed for few years?

I know that for the last few years she been making much more that she makes right now.

Thanks in advance.

Yes, since you went to court already to have the CS order stopped, you'll have to go to court if the 2 of you do not agree on an amount.

You said that ex quit her jon last year, exactly how long ago did she quit?

[orlenok]

She change her job last September.

[Gracie3787]

She change her job last September.

It's iffy. The best thing to do for now will be to get a consult with a local attorney to see if you can prove voluntary underemployment or not.

[orlenok]

Thanks,

I was actually hoping to hear from local lawyers in NC too, to see how much it would cost me if I would need the service.

Do I usually need to get one to prove underemployment or I can present some facts myself?