My son will be turning 18 in 2010 so our support order will need to be modified so that support begins going to my son. The DA's office is handling the administrative element of the order and tells me that I can modify either judicially or through the DA's office. If I go through the DA's office, I will have to wait until my son turns 18 (the event has to have happened... can possibly file one month before) and will take about 6 months before the modification takes effect. I was also told that they will re-calc the incomes of both parents on current salaries, or potential salaries.

Even though my ex was unemployed at the time we stipulated to a new Custody and CS Order, he agreed to imputing his income to just $38,000, which is what he earned at his last position. However, when my (previous) attorney questioned him in deposition about his education, ex boasted he had two degrees. I believe my attorney was trying to set ex up to confess to higher earning potential. Based on what I was told about modifying through the DA's office, this could potentially decrease the CS ex receives (I am the obligor) if they determine ex is capable of earning more than $38,000.

It's my understanding that as long as a child age 21 and under is attending school, once they turn 18, the prorated share of support is redirected to the child, rather than continuing to go to the custodial parent. I just want to be sure I time the request appropriately so this takes place when my son turns 18 (or as close to that date as possible.)

What are the primary differences between modifying through the DA's office as opposed to modifying judicially?

If I file judicially, can/do I file 6 months in advance of the event? Or would I wait until two months before the event? (typically the amount of time it takes the courts to set a hearing date when a motion to modify has been filed.)

If I file judicially and my ex contests the request to modify, would there be a hearing? Evidence? Testimony? (he is still not working and it's been nearly a year since his last job.) I don't mind paying support but I WOULD mind getting an increase because ex refuses to work.


Thanks!