Child Support Modification or Motion for Reconsideration?

[Bee_Bee]

Ex-husband was working part-time and I'm working two jobs, a full time job & a part-time job. I've been ordered to pay him child support. We have joint residental/physical custody of 3 children. He has convenced my 17 year old that I'm a bad/mean person so she doesn't come to stay with me the week that I have my other two children. I filed an exception judge denied it. But he stated that my ex-husband must find full-time employment. The word on the street is that he is employed full-time. So do I file a motion for reconsideration or a modification to child support to make the judge aware of my ex-husbands full-time employment? If I have to file a motion for reconsideration, is there a form or an example on how to write such a document?
State of Maryland

 

[jacksgal]

I would not suggest you file anything until you have proof of what you have been told

 

[Duranie]

What do your state guidelines say on having a full time wage put in for ex husbands earnings?

 

[irish223]

According to Maryland Code, a modification will only be considered if the material change is greater than 25%. (See below) As Jacksgal said, you will have to prove that your ex is working full time.

http://www.michie.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=mdcode
(b)* Modification of orders.- *
(1) Subject to the provisions of paragraph (2) of this subsection, the adoption or revision of the guidelines set forth in this subtitle may be grounds for requesting a modification of a child support award based on a material change in circumstances.*
(2) The adoption or revision of the guidelines set forth in this subtitle may not be grounds for requesting a modification of a child support award based on a material change in circumstances unless the use of the guidelines would result in a change in the award of 25% or more.*
(c)* Review of guidelines.- On or before January 1, 1993, and at least every 4 years after that date, the Child Support Enforcement Administration of the Department of Human Resources shall:*
(1) review the guidelines set forth in this subtitle to ensure that the application of the guidelines results in the determination of appropriate child support award amounts; and*
(2) report its findings and recommendations to the General Assembly, subject to § 2-1246 of the State Government Article.*

The full code can be found here:
http://www.michie.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=mdcode

The worksheets are here:
http://www.dhr.state.md.us/csea/worksheet.htm

I'm surprised that your ex was not imputed a full time income, unless he fits one of the categories of exception, as stated below. Did you have an attorney?

http://www.michie.com/maryland/lpext.dll?f=templates&fn=main-h.htm&cp=mdcode
(b)* Voluntarily impoverished parent.- *
(1) Except as provided in paragraph (2) of this subsection, if a parent is voluntarily impoverished, child support may be calculated based on a determination of potential income.*
(2) A determination of potential income may not be made for a parent who:*
(i) is unable to work because of a physical or mental disability; or*
(ii) is caring for a child under the age of 2 years for whom the parents are jointly and severally responsible.*
(c)* Income between amounts in schedule.- If a combined adjusted actual income amount falls between amounts shown in the schedule, the basic child support amount shall be extrapolated to the next higher amount.*
(d)* Income above schedule levels.- If the combined adjusted actual income exceeds the highest level specified in the schedule in subsection (e) of this section, the court may use its discretion in setting the amount of child support.*
(e)* Basic child support obligation.- Schedule of basic child support obligations:*