A little background history: Our child spent 45 continuous days in the summer with me, went back to mom's for less than a month. I was awarded primary custody in Aug 2006. Mother and I shared
joint custody. Mother appealed the decision in Va. , but I had already filed within my home state an application for
child support services, because no order was made re: CS during that trial(aug 2006)- as the judge said they didn't have jurisdiction. (mom in Va, court in Va and I live in Tn) New trial heard in Va Dec 06. I was awarded custody(not joint) and her generous visitations.
Chld Support part of order reads: Given the mother's disabilities and the costs attendant to her traveling to TN, no child support is ordered at this time.
However, it states that there is a duty of support owed by mother for our dependant child.(in the statutory notices section of the order) and lists our information for record.
The judge states in the order that I make approx $280 more per month than I do. Also states that mother has not worked outside the home since 2005 as a result of her disability. This is not true. She has worked through several temp services throughout the year(s) and other employers long enough to earn and claim EIC
tax credit.
What can I do to have my home state look at the order to get child support from the mother? She lied to the court about not working. She works long enough to file taxes and get the EIC credit(she's not been entitled per old
court order) and the amount it states I make is in error. She does receive Social Security Disability and claims she lost her SSI payments when she married her
DH- one week prior to the last court hearing in Dec. though no proof was offered in court.
Tn's guidelines state 15% change for modification. There hasn't been a change, it's just reported incorrectly. If they based it on OT, for a couple of weeks I was trying to make up for missed time due to court, that is not the norm. I normally get 35-38 hrs a week. OT is only during holiday season when the demand is higher and never throughout the yr.
Do I just call the CS office here and explain? What happened with the original CS application I filed in Aug for child support? Can the CS agency in this state order her to pay the minimum allowed by law? I've never heard of ordering NO support, as the guidelines state a min of $65 her state/$77 my state.
Child support would be used primarily to counter the costs of us meeting at the half way point for holiday breaks(a 4 1/2 hr one way trip)
Thanks for any help or insight into your experiences with something similar.