Any time you can establish a significant, permanent change of circumstances since the time the last Order was entered you can seek a review and modification of a support award. If your ex is working now and he had not been working at the time the court previously set child support you can seek a review and modification now based on that change of circumstances.
Kenneth A. White, Esq.
Certified Family Law Attorney
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
Yes, you can file a post-judgment motion. Social Security will not speak to you about his case.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
If he is getting Social Security Disability (SSD) benefits, you also may ask the court require him to apply for and provide to the custodial parent potential auxiliary benefits for the children - these auxiliary benefits would be based on his receipt of SSD benefits.
As suggested you should consult with a family law attorney about these matters - find one here on Avvo, ask your local or state bar association for referral or contact your local Legal Aid Services organization.
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.