Background story...we have a 16 yo daughter and he’s been absent her entire life. I’ve filed for sole decision making and to modify our current child support. Our last CS modification was in 2012. Father stated he made 1800/mo. I Filed a new modification in Dec. 2017. I sent him my last 3 years of tax returns to him, all he sends is one page for the last 3 years, so 3 pages total of his 1040 form. He states he’s self employed and has an amount for Business income, but did not send the attached form. Also, he has on this form he get tribal disbursement every year. He verbally stated to me he’s been receiving them since 2012. He also attached a child support worksheet to his response to my motion that he filed with the court and has his income at 1647/mo. His disbursement for 2014 & 2015 is $10,000 and for 2016 is says $30,000. This 1647 doesn’t add up. Is my proof his works sheet he filed with the court?? Or how do I expose him, and would the judge go back 6 years and factor his disbursement’s received? Meaning, would he owe arrears? And..Would he be awarded 50/50 custody when he’s had zero contact with our child her whole life? Thank you for a response in advance!
The easy issue is arrears. The judge has no ability to modify support retroactively before the date you filed your motion to modify. Any support that came due before you filed your motion is final and cannot be changed.
Beyond that, showing you how to develop a trial strategy, obtain discovery documents and getting them admitted in court, and showing you how to present the information in the best light to convince the judge to increase the support order is beyond the capability of an online forum. This is what attorneys spend years figuring out how to do. The best thing you can do is to work with an experienced attorney.
As for 50/50 parenting time, you don't mention that the father has filed a motion to modify parenting time. The judge certainly won't modify those orders if nobody requests it. If the father actually pursues a parenting time order the Court may be willing to grant him some time, but given his lengthy absence, it is unlikely that the Court would approve a 50/50 parenting time schedule over your objection any time soon.
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