During my timesharing case DOR imputed my ex income at minimum wage. After paternity was establish I was hoping for the court to grant my motion for temporary child support and calculate child support base on his actually income at the time. However, when I went to court the judge told me that the court has no say in the child support matter since there is a Case with DOR so I would have to provide information on my ex actually income during the time they order child support...how can I get DOR to reopen my case since this was ordered 2 months ago
I do not believe that you can compel the DOR to re-open your case. From what I hear, they will eventually (every 2 years?) ask for updated info to see if the child support amount needs a modification. As an alternative to this process, you can always hire your lawyer or represent yourself and file your own Supplemental Petition to Modify Child Support.
I agree with Mr. Mullaney. DOR is likely not going to reopen your case, and will wait the statutory time before looking at it again. A private attorney can address this issue in family court for you, and I'd suggest you hire one to do so. Most family law attorneys offer free consultations, and can give you information on your options.
The general answer provided here is for informational purposes only, and is not intended to substitute for personalized attention to your legal questions. Also, this does not create an attorney-client relationship.
As my two colleagues have said, it would behoove you to hire competent local counsel to assist you with this matter rather than relying on the state to look into it for you. Even if you can prompt DOR to act, it will take some time. A private attorney may very well be able to move this along faster for you. Best of luck to you.
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