minimum child support

[hopefulin2012]

We went to court in 2009 and the judge decided based on his taxes (which he lied on) that he only has to pay $50 a month on child support. We had a business together and he was bringing in $10k a month minus expenses. Our household expenses at the time together were $3400 per month. His mortgage alone is $1800 per month. In court he told the judge that he was a few months behind and that the mortgage company was working with him. My attorney at the time didn't receive any discovery other than his taxes that morning. Nobody questioned the cost of his mortgage, proof that he was behind etc and the judge took his word for it that he was a pauper.
Fast forward to today, I've received discovery and have learned that that was a lie. He was NEVER behind on his mortgage payment. I tried to file a motion to change the child support but it didn't go anywhere. Apparently Charlotte/Mecklenburg "LOST" my file. My ex attorney told me there was a data entry error and that my case wasn't a priority. We are still not divorced. My daughter is getting $50 a month in support. How in the world can I get this changed? Does the judge care that he lied? Can I use his current discovery to prove in court that he has more money than he says?
Thanks.

[Ryan Short]

You should file a motion to modify his child support obligation.

[hopefulin2012]

I did file a motion to modify in January of 2011. I still don't have a court date. Is this normal? Nobody seems to have an answer.

[Ryan Short]

You should contact the clerk's office to find out the holdup.

[bulldog66]

What you need to do is contact the Mecklenburg Department of Social Services - Child Support Services. Ask for an application for child support. You pay a $25 fee and they will have you and your ex spouse fill out a worksheet. You don't need to get an attorney to get child support modified. I recently did this myself in Catawba County and they actually did all the discovery and requested his W2. Child support is based on both parents income. It's pretty cut and dry. It is what it is. They will get to the bottom of his income and you should be able to get what you are due for this small $25.00 fee. HOwever, Catawba County took 3 months, can't imagine Mecklenburg would be any quicker. This is the route to go and no attorney will ever tell you this.

[bulldog66]

who did you file your motion with in January? and who did you file with?

[hopefulin2012]

I filed in 2011. :( I just found out by calling the clerk that there is NO motion in my file however I have a copy of a stamped in one from my attorney...well, my EX attorney. This is the second attorney I've used. The first one got me a whopping $50 a month. The judge based this on his w2 which was a total lie. He works for himself and anyone can see his household bills for his 4400 sq ft home that he was "4 months behind but the morgtage company is working with me". Nobody asked for confirmation that that was actually true. I got my credit report and it still has his info on it...and no, he was never late. :( It's all lies. And the judge believed it.
I used Lennie Kornberg. The first time I used Leah Austin. I was very disappointed.
So, as of now, I'm going to take a copy of the stamped in motion up to the courthouse and see if they will schedule me a court date without an attorney. I'm done paying people to not work. It's so disheartening.