When me and my son's mom initially went to mediation, we set up a temporary child support order. At the time she was unemployed. But when we went before the judge to set up the final child support order, she neglected to tell them that she in fact did have a job even though they asked her. What she DID mention was an additional child care expense that more than doubled the child support order once factored in.
If someone lies under oath they could face criminal charges for perjury. If this has happened and you are within the time limit allowed, you would be best served by filing a Motion to Set Aside the final order; a Motion for Reconsideration; or a possible appeal. You should talk with a family law attorney as soon as you can.
The information provided is only a general answer based on the limited facts stated in the question. This answer does not in any way constitute an attorney-client relationship. Should you wish to hire an attorney, our firm, Singleton, Pasley & Nuce, LLC, would be glad to help, as we offer legal advice in family and criminal law (in addition to personal injury, medical malpractice, social security, workers compensation, and unemployment benefits).
Your case shows the peril of proceeding without a lawyer and doing proper discovery. If you are within 30 days of the order, you may be able to file a motion or appeal. Do not continue to do this pro se. Get a lawyer.
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There are several legal actions that can be taken to address you son's mother's failure to disclose her income.. However, without an attorney who knows what they are doing, you will have limited success. Hire an attorney.
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