You can't. You can use their income as it was when the last support order was calculated. That figure will be included in whatever child support order or judgment currently governs your case. But if their income has changed since that time, that number will be inaccurate. You should only file for modification of support if you have good cause to believe that the other parent's income has changed such that the modification will be favorable to you.
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Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
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You can't get it until after you file. I strongly suggest you first calculate support based on several different incomes for other person. Keep in mind that once you start the process you can't stop it. Be sure the support will go down before you file.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.
Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate.
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