What is the name of your state? CA
I have been paying support for 5 years. I lost my job 2 years ago and was unemployed for a few months then got a new job at about 75% of my previous pay (a certain change in circumstances). I have since remarried and my current wife has been unemployed for 2 years(and has 1 child). My ex and I settled to let her keep the family house, and she had to have her father on the mortgage to make the settlement split, plus help with the mortgage payments. I live in a cramped 3BD apt, that is about 5 miles from the family house and my 2 kids are in high school. We originally had a 50/50 custody but my kids find it more convenient to stay in their old house near all their friends. The house is 4bd, worth about $1mil, so the standard of living discrepancy is huge.
I jus filed for a modification, and am trying to impute the mortgage (100% paid by my ex father-in-law) as income. Her attorney is denying it outright.
She also has stated that since the kids only spend about 4 nights a month with me now that she should get more support.
Bottom line is..you can't get blood from a turnip..I simply can't afford to pay her. She maintains a very wealthy lifestyle and chooses to work part time, while I live in squaler. My kids don't want to stay here when they can share in the luxury (can't blame them).
I'm at my wits end....any ideas on how a judge might assess the situation?
I have been paying support for 5 years. I lost my job 2 years ago and was unemployed for a few months then got a new job at about 75% of my previous pay (a certain change in circumstances). I have since remarried and my current wife has been unemployed for 2 years(and has 1 child). My ex and I settled to let her keep the family house, and she had to have her father on the mortgage to make the settlement split, plus help with the mortgage payments. I live in a cramped 3BD apt, that is about 5 miles from the family house and my 2 kids are in high school. We originally had a 50/50 custody but my kids find it more convenient to stay in their old house near all their friends. The house is 4bd, worth about $1mil, so the standard of living discrepancy is huge.
I jus filed for a modification, and am trying to impute the mortgage (100% paid by my ex father-in-law) as income. Her attorney is denying it outright.
She also has stated that since the kids only spend about 4 nights a month with me now that she should get more support.
Bottom line is..you can't get blood from a turnip..I simply can't afford to pay her. She maintains a very wealthy lifestyle and chooses to work part time, while I live in squaler. My kids don't want to stay here when they can share in the luxury (can't blame them).
I'm at my wits end....any ideas on how a judge might assess the situation?