At Ask Me Help Desk you can ask questions in any topic and have them
answered for free by our experts. To ask questions or participate in
answering them you must register for a free account. By registering you
will be able to:
Get free answers from experts in any of our 300+
topics.
How can I ensure that I get the child support modification due to me without the costly fees of
hiring an attorney? I've got a current support order that has been due a modification for some
years now but my previous attempts have fallen upon deaf ears, i suppose. I have sent at
least 4 handwritten request to the child support enforcement office but received no response.
I am not trying to weasel out of my obligations, but I am working myself into the ground just
trying to keep up. Are there any sort of forms that I might be able to download and complete
to send in and get a more efficient response? You see, the federal government mandates that
each state has a program implemented that would allow for the modification of current orders
but specifies no statute of time in which to do it. I've heard of cases that take in excess of 9-10 years to modify. I need relief now. I just simply do not make as much money as my support was based upon. I have fallen into arrears and I am desperate to gain some resolve. I haven't enough money left out of my check to pay for any legal representation. For God's sake, I pay 358 monthly + 179 arrears + 200 on another support order + @260/mo for insurance. I make less than $10/hr. I just can't keep up like this. Can someone please help?
Thanks in advance.
I believe you need to petition the court for modifications..I don't think the child support enforcement office is able to do it for you as their role is to enforce the court orders, not change them. It might be worth it in the long run to hire an attorney to help you do so. But, perhaps your county has a legal aid department to help you write up and file the petition yourself.
Child support enforcement can not modify anything, you have to have the family court judge sign a modification of a order to make any changes in it. Unless the court order has speciic rules to change the payment aount at certain times, or as a percentage of the other persons income.
But the enforcement people merley enforce the order that is in force, not issue the orders.
But you need to file motions in court ( some states have restrictions on how often you can file for a review) but you really should have an attorney, you writing letters will not do anything, and since they can't help you, they most liekly just file your letters away.
You cannot ENSURE that you will get a child support modification without a lawyer. Heck, you can't even ensure it WITH a lawyer! There are many lawyers who will give you a free 1/2 hour consultation, so I would try that first. Secondly, go to Legal Aid and make an application for legal aid. Another option would be to drop by the family court and speak to duty counsel to ask their advice, but I imagine that you will end up having to hire a lawyer either way. Also, if you are turned down for Legal Aid, ask your Legal Aid office if they have a lawyer there that you could speak with.
Bottom line is that if you file a Motion to modify the original order it will NOT take 9 or 10 years to resolve. Make sure you have proof of earnings, expenses, etc.
Actually, "Child Support Enforcement" ,or whatever it is called in your area, can and will modify your child support order. If the Child Support Department set up the order then it actually needs to be done by them otherwise it is considered a private motion against the Child Support Department. I have three cases myself. Here it is know as DCSS (Department of Child Support Services). I do know this to be true in at least California, Nebraska, Texas, Oklahoma and Kentucky.
Option #1 -Writing a letter won't do it. You must call them, give them your case ID/# (they can look it by social if you don't know you case ID/# and speak directly to someone and request a modification, if you don't get it call back and ask for a supervisor. I have requested a modification many times over the years. However, do know this...there is no guarantee that your support will be lowered. It will all depend on the financial information provided by you and the custodial parent.
Option #2- is to file for a modification of child support yourself at the court in which holds your case. However, if it was set up by your local Child Support Department you will need that case/file # and to notify that Child Support Department you are taking private action to modify their order.
Option #3- If your order was originally established between you and mom, then you have a court order that is only being enforced by your local child support agency. In which case, you will need to go to court yourself and have that order modified for support and then take it to your child support agency and submit it as new modified court order for enforcement to replace the old one.
Sorry, I reside in the state of Missery (or Missouri, as some people call it:-) I know the laws vary from state to state. Thanks for the advice all. Any more? As I have already stated I CANNOT afford legal representation because I don't have enough left from my weakly (weekly) pay to ensure my rent and bills are paid and hire an attorney. Wish I could because I grow tired of treading water just to stay afloat.
You do not need a lawyer, unless you want to pursue this on your own through the court. But I am guessing this is the DSS that your child support order goes through ...Information on Child Support Enforcement Modification They can and are the ones responsible to handle the modification. Here are the requirements to get a modification. You are going to have to call, the numbers you need to call should also be found on this web site. Do not send any more handwritten letters. Good luck!
As I stated in my earlier post, you can apply for Legal Aid. There are legal aid offices throughout Missouri. You will find them in your phone book, or Google "Legal Aid Missouri" to choose your location.
Linear Mode
