Modification Of Support

Question: how do you fill out a motion for a child support modification? I have a recent court date without a lawyer and need help filling out a motion, any help would greatly be appreciated, as I am so confused. All the rest of the paperwork is filled out. I just need to fill out a motion for child support modification.

Answer: You need to contact the Atty Generals Office and they will help you file all the necessary paperwork.

Question: What type of materials do I need to bring to with me to a child support modification hearing? I am going to court next week for a child support modification hearing. What type of materials do I need to bring with me to defend myself? Tax returns? Pay stubs? Any suggestions, or tips are welcome.

Answer: Yes, bring any paycheck stubs, tax return for the previous year, copies of bills to prove you are paying what you say you are paying such as a daycare bill, anything that will prove why it is important to you that a modification be made. And any documentation of interaction that you have had with the other party that you think will be pertinent to making your case for a modification to your child support. I don't know of any other materials that are really needed. And above all, make sure you get it clear in your head what you feel you need to say and/or ask the judge or how you will respond to questions you think may be asked of you. I only say this because if you do this it will show the judge that you are well prepared and are on top of your game and have the best interests of your child at heart. And judges tend to want to work with the party that is using the court's time for the best interest of the child and not their own agenda. Good luck to you and your child and I hope everything works out for the best.

Question: Who is a person able to claim as a child on their child support modification worksheet? I am wanting to find out who a person can call a child for child support purposes. My fiancee is taking matters to the superior court, and he is wanting to claim my daughter as his dependant on the support papers. She is not his adopted daughter, nor his step daughter, but he does support her 100% with everything since I am not working, and he has supported her for the past two years of her three years of life. Would superior court allow him to include her as one of his children? And if so, where can I find all of this out at? Also, her real father is not involved. I am actually in the process of terminating his rights since he has not been there for her since she has been born and she is now almost four years old. If anyone has answers, that would be very helpful. Thank you.

Answer: THE REAL FATHER; its hard to get their rights signed away or taken unless he is a threat or danger in some way. most states wont allow them to sign away their rights either, unless someone is willing to adopt them (such as a new spouse). personally, i think he should be paying for this child. even if he isnt involved (because most fathers do this) isnt grounds or an excuse for him NOT to be paying. as for YOUR FIANCEE; the IRS last year allowed boyfriends to claim children that were not theirs as dependants. if they paid for more then 50% of that child(ren) living expenses, and that child lived with him for X amount of months that year, then he was able to claim them. i dont know if its still on the books or not, so i would call and find out. personally, i admire any man who takes on children that are not even theirs; to love, take care of, and accept as one of their own. here are some links. look in the IRS section... also, call the Advocates and ask them. they would know if that tax rule is still valid or not. http://www.divorcelawinfo.com/states.htm http://www.divorcehq.com/spprtgroups.htm… http://www.divorceinfo.com/statebystate.… http://www.divorcenet.com/states http://www.divorcesource.com/ http://www.divorcecentral.com/ http://www.divorcelawinfo.com/calculator… http://www.helpyourselfdivorce.com/child… http://family.findlaw.com/ http://www.divorcehq.com/deadbeat.html http://www.divorceinfo.com/ http://www.divorceinanutshell.com/ http://www.lawchek.com/Library1/_books/d… http://family.findlaw.com/child-support/… http://www.supportguidelines.com/resourc… http://www.supportguidelines.com/article… http://family.findlaw.com/child-support/… http://www.ncsea.org/ http://www.nfja.org/index.shtml FACTS AND REGIONAL FEDERAL CS OFFICE INFO http://www.acf.dhhs.gov/opa/fact_sheets/… http://www.acf.hhs.gov/programs/cse/newh… http://www.acf.hhs.gov/programs/cse/newh… http://www.acf.hhs.gov/programs/cse/newh… http://www.acf.hhs.gov/programs/oro/regi… http://www.acf.dhhs.gov/programs/cse/ext… http://www.acf.dhhs.gov/programs/cse/ http://www.acf.dhhs.gov/grants/grants_cs… http://www.acf.dhhs.gov/index.html http://www.acf.hhs.gov/programs/region2/… http://www.fms.treas.gov/faq/offsets_chi… http://www.govbenefits.gov/govbenefits_e… http://www.fedstats.gov/qf/ http://www.fedworld.gov/gov-links.html FIND YOUR STATE REPS http://www.usa.gov/ http://www.usa.gov/Agencies/State_and_Te… http://www.nga.org http://www.naag.org/attorneys_general.ph… CHILD SUPPORT LIEN NETWORK (some states work with them) http://www.childsupportliens.com/ COLLECTORS http://www.supportkids.com/ http://www.supportcollectors.com/faq.php TAX INFO http://www.taxsites.com/index.htm http://www.divorceinfo.com/taxes.htm http://www.irs.gov/taxtopics/tc354.html http://www.irs.gov/taxtopics/tc422.html http://www.irs.gov/faqs/faq4-5.html http://www.irs.gov/localcontacts/index.h… http://www.irs.gov/advocate/index.html http://www.irs.gov/publications/p525/ind… http://www.fms.treas.gov/faq/offsets_chi…

Question: What would be the "effective date" of a child support modification in Virginia? Hello, I am the non-custodial father and I do pay child support. My ex-wife filed a motion to modify the amount of child support payments. If a change is granted, what would be the "effective date" of the order in the state of Virginia? Also, Child Support Enforcement mailed me a request for a complete financial statement. Should I fill this out and mail it back to them? Thank you in advance for your responses. Would it be a good idea to hire a lawyer for something like this?

Answer: My attorney got my child support reduced from 3500 per month to 1500, so he was well worth it. You should contact an attorney. Reference this site for free legal advice. I ran across this site when I was looking for legal advice. It is free and has real / licensed lawyers. Don’t forget, lawyers will meet with you for an initial meeting for free. Also, nowadays, many lawyers will make arrangements with you for payments on a weekly, bi-weekly basis. Don’t forget, licensed professionals, like everyone else, are having a hard time making ends meet. They are willing to work with you. Just get out your telephone book and start calling them (if you don’t want to check out the site). The Dads House Forum is for men and women who experience the unfairness of child custody and child support issues. The Law Guru Site is a great source for FREE legal advice. Peace. ☺♥☻

Question: how long after a judgement of child support is filed, can a modification be filed? I live in NY, and signed a child support agreement in May of 2008. I had agreed to less than I was entitled to because we were negoitiating the divorce. Now my exhusband filed for a modification of support. It has been less than a year. Will the court allow this?

Answer: *** Two years or when there has been a change of circumstances that would result in at least a 20% difference in the amount of child support owed. Less than what you're entitled is interpretive as women think that are under no obligation to provide any part of the support of their children, whether they are custodial or non-custodial. If the amount was based on the guidelines, and he's had a reduction in his income, which is becoming common in this economy, than that is considered a change of circumstances.

Question: Response time to a Child Support Modification case? I served my ex with paperwork to modify Child support. I saw that the timeline was I had to serve within 16 Court days of the court date, and my ex must serve me with the Response paperwork within 9 days of the court date. Yesterday was the 9th day, and I have not been served with the Response, and my Ex has not even mentioned the request nor tryed to come to an agreement. Will the court view this as a Default? What happens now?? I am in California.

Answer: I hope your prepared to HURRY UP AND WAIT....

Question: Child support modification should I hire a lawyer? My ex and I have joint physical custody and they live with her. We had an amount set by the court for me to pay her back in feb. My income has gone up and I will be set at a higher cs amount I know this. But my question is.....would it be worth it to spend money on a lawyer just for a modification? Im just worried ill get eaten alive by the court and the ex which she has proved isn't afraid to do. Would it be worth it or is it a waste of money?

Answer: You say the amount was set back in February '09? Is your divorce finalized? If it is over and been granted any further modification can only be done after a certain period. My state grants modifications only every two yrs others are 3yrs. So you might want to check if your divorce is already granted. The only other modifications that can be granted sooner is on an emergency basis regarding custody or arrears in back child support. As far as hiring an attorney I will list some legal sites for you to ask lawyers any questions but unless there is some unusually requests in child support modifications I would do it myself. Make sure you have all your costs and expenses listed. I will also list a child support calculator for you to estimate what you may have to pay. Just click onto your state and put in the info asked.

Question: How to obtain subpoena of records from my ex for child support modification?

Answer: Records what type? court you get them at the court house, if you want records of his salary you get your lawyer to get them that is what you pay them to do.

Question: Child Support Modification in Virginia due to ex's new spouse? Hello, I pay child support in Virginia. My question is, Is it possible to reduce the amount of child support I pay by submitting a court order to modify the order and to take into account my ex wife's new spouse. I live in the state of Virginia. Serious answers please. Thank you.

Answer: Not currently. http://Child-Support-Adj-New-Child.Dads-… But, it would not affect your base payment even if they did. That's not how child support works. It would only affect the percentage of any extras you are paying on, such as insurance and day care. When used, should you remarry, it only increases your payment, but does not decrease hers. Consider asking for a Trust Fund. http://Child-Support-Trust-Fund.Dads-Hou… To learn your rights, join Dads House in Yahoo Groups http://Dads-House.org

Question: How to serve legal documents (child support modification) to someone living outside of the US (Swtizerland)?

Answer: review this site. the US has agreements w/ foreign nations regardign child support matters. http://www.acf.hhs.gov/programs/cse/inte…

Question: child support modification after remarriage? My husband has filed a motion for child support modification against his ex-wife. We have no community property, and our income is kept separate. Can the court consider my income in the re-calculation of child support?

Answer: In most states. no. SInce you are NOT a legal party to ANY of this, most states DO NOT count your income for purposes of child support. Still, you need to contact a lawyer to be sure.

Question: when can i file a request for default in an order to show cause for child support modification in california? I have filed an OSC for child suport modification in CA. The other parent lives outside of CA. How long do I have to wait for a response to be served before I file a request for default? I am afraid that he other parent is not going to serve me with the response prior to the hearing, but that he will show up anyway which is what happened last time. If that happens, I willnot have time to review the response a nd prepare appropriately beofre getting into court. Therefore, if he does not serve me the response, I would like to file for default so he can not pull any surprises on the day of the hring.

Answer: Gosh, the OSC itself is a motion where the Court sets a date by which a response is due. If the other side is served and does not respond, the Court should render judgment without your taking any further action. Alternately, the Court might set an inquest date for you to come in and offer your own one-sided proofs. In all cases, if the time to respond has expired, call the Court and say, "The time has expired. What happens next?" With support matters, the Court should work hard to help you get relief.

Question: Do I need to an attorney wheen I bring a modification of child support agains the children's father? I have brought about a motion for modification of support with the DA. (I live in Calif) My ex (who owes more than $10,000 in arrearages) showed up with an attorney and no paperwork. We go back for the hearing next month. I was under the impression the DA was representing me. DO I need an attorney. My ex will argue he owes less, etc...

Answer: You should bring an attorney, that way you will know that your best interest are looked after.

Question: Headed to court for child support modification...What can I expect? My child's father filed for modification in his child support payments earlier this year and we have a court date set for next week for the hearing. What kind of questions should I expect the Judge to ask us? I understand each case is different so maybe I should have asked to share your child support modification hearing experience!

Answer: Most likely you will have to provide proof of income. If there has been a change in the custody/visitation schedule then that will also affect support.

Question: after 5 continuances in Child support modification, can the atty quit if he hasn't been paid on time? almost one year of hearing continuances the fathers atty isnt getting paid in timely manner and his client is not complying with judges orders can atty quit? Or can he insist on appearing although he is no longer advising client?

Answer: Of course he can quit but only if the judge allows it.

Question: How can I file for modification of child support without an attorney? I'm divorced father who lives in Saint Louis Missouri. I've been unemployed since January 2009 and would like to file for modification of child support so I can lower my child support amount. I'm not financially able to hire an attorney for that so I would like to file for modification by my self. Could anyone advice me what are the necessary steps? Thanks!

Answer: There should be a family court in the county in which you reside. That is where you go. The court clerk can give you the forms you need to request a modification. The clerk should also give you some instructions. Go to the nearest library and look up the rules your self. If you can, get a good lawyer. The modification is your right. if you don't use it you loose it. So do it asap!

Question: How do I file child support modification forms in NC? The present order is 1 1/2 years old, and since that time the EX's salary has increased more than 20%. The number of nights spent at his house are alot less than what the judge figured. So, I would like the child support figured on Worksheet A instead of Worksheet B. Also, I would like for the exemption for one of the children to change so that I may claim the child. Can I request a modification of these things?

Answer: You need to get a lawyer, and take it back to court. They are the only ones (court) that can change the order. Good Luck!

Question: new child support modification question? ok, so my boyfriend just lost his job yesterday, but got a new one today. who do we call to tell that he has a new job and that they need to take out the support from a new place. also his support was based on his last job for 7.50hr.....now hes at 5.15....they are both commisson based jobs, but they only base u on what ur set rate is, they dont take any commission that get. he was paying about $80 a week 4 support, will they change it now that its 5.15hr? and who do we contact to tell them we need modification of the support ruling?

Answer: he's a good guy for getting a job right away and taking care of his kid(s). that more then some do, so tell him so. yes, you have to report all changes (including income) within 30 days i believe. they will adjust it; it will either lower the support or they will tell him to get a second job. call the child support office and ask the case worker what exactly needs to be done. http://www.wantedposters.com/deadbeats_u… http://www.deadbeatjustice.com/list.htm (new up and coming site to post on too) http://www.divorcelawinfo.com/ http://www.divorcehq.com/deadbeat.html http://www.acf.dhhs.gov/programs/cse/ http://www.supportkids.com/

Question: Husband's ex agreed to child support modification? BUT she hasn't sent back the Waiver of Service he sent her. If she won't agree, what's next? He filed for a modification with the Attorney General, too, but they told him it would take six MONTHS. His salary has been down by 50% since last November; he really can't afford to pay at the rate he did before. Please don't tell me to mind my own business. I'm only asking the question on his behalf. He's dealing with her completely.

Answer: The Attorney General does not handle child support. They handle consumer affairs. Do you mean the District Attorney. If so, it takes up to 6 months, but the adjustment is retroactive to date that he filed his application.

Question: Do I need a lawyer for child support modification case? I have a child support modification case coming up. I pay support as ordered every week and visit my son every week, too. We only have a verbal agreement for visitation ... nothing court ordered. I was thinking that even though I can't really afford it, I may need a lawyer to make sure I don't get taken advantage of. Also, I don't know if I'll be able to request official visitation (instead of the verbal agreement) if I don't have a lawyer. Is it worth paying the retainer or will it really not affect the outcome?

Answer: When you go to the hearing there will be a mediater present that should help reach a mutual agreement. But don't expect a break as far as what you can afford. The courts are not very understanding with amount of money is left for you after support is paid. Believe me I speak from experience. Just don't be forced to sign anything at the meeting if you don't agree with the terms. Rather ask if you can reschedule the hearing to give you time to get counsel.