Below are the steps normally involved in the modification of a support order.
Here’s how:
One must determine whether a change in circumstances has occurred in order to request a modification. In most states modifying a support order requires proof that the state of the parent has changed. Whether it be job related or there has been a change in the situation of children.
For brief examples, maybe the child’s legal custodian has lost their job or if the child is now living with the other parent. The Court will have to agree that the change of circumstances is large enough to make the original support order no longer apply to the living situation.
Gather evidence and
document any evidence that shows a change of circumstances has taken
place. For example, if you have lost your job, get a statement from your
previous employer. If your child is sick and now requires expensive
medical care save copies of all of the medical bills.
Some courts
use standardized forms for the modification of child support orders.
Contact your local court or an attorney for more information. For
example, sometimes the request is called a “petition” for the
modification or a “movement” for modification, etc.
In addition, there may be forms needed to support the changes. Such as an affidavit about financial affairs or financial balance sheet. Finally, you may need to submit several copies of your documents with the court.
Present the documents before the court. Some states have a general court for all civil actions, while other states have a separate family court. Make sure you know that your submission for amendment is in the proper court.
If you request a modification yourself, it is your
responsibility to provide copies of the motion or petition to the other
parent and provide a copy to the clerk of the court. Talk with your
court clerk for information about what to serve the other parent. Each
district has its own rules regarding the proper method of serving a
judicial motion or petition.
Complete and return a proof of service to the court clerk. A proof of service
is a standard used in court, where the person completing the service
attests that copies of court documents were, in fact, served to the
other parent.
Tips:
If the request for modification court pro se, it is always best to consult a lawyer to make sure you take appropriate action.
The courts will only consider “the best interest of the child.” If your motivation to apply for a modification
of a child support order is to reduce the amount you pay or increase
the amount you receive for personal gain, think twice before moving
forward.
The Cherry Law Firm provides affordable and meticulous representation in the following areas:
- Divorce
- Child Custody
- Child Support
- Alimony
- Prenuptual Agreements
- Legitimation
- Separate Maintenance
- Modification Actions
- Contempt Actions
- Protective Orders
Attorney Diane Cherry has more than seventeen years of legal experience and has handled hundreds of cases in both state and federal courts. Her extensive federal court experience rivals that of attorneys who have practiced law for more than thirty years.
In addition to experience, when you choose The Cherry Law Firm, you are choosing to work with an attorney and staff who still believe in providing personal, one-on-one service that goes well beyond the norm. We truly care about our clients, and we think that shines through in how we serve them.
Contact Kennesaw family law attorney, Diane Cherry today to schedule a free initial consultation regarding your case. Our office hours are Monday – Friday 8:30 – 5:00pm. Evening and weekend appointments are available as needed to suit your busy schedule. Call (770) 444-3399 today.
