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Im thinking of filing a modification for child support.. I was divorced in 2002 and back then I took under guidelines for child support.. I now want to file to be within guidelines.. I also know he makes a lot more money now. Are they are laws or anything I should know.. Ive read somewhere about there needing to be a 20% difference.. Is this a difference in something that changed for me or can it be 20%more he now makes in income?
You need an attorney to file for the modification. So start shopping around and get the attorney's advice.
I was told I do not need an attorney for a modification.. I can simpy go pro se and file by myself
The court order that I have for my son states that I can take my son's father back to court every year to take a look at child support and modification. Look to see what it says in your court order. If it states nothing about that, then find out what your state guidelines are for it. I know where I live (WI) a parent can take the other parent to court every 3 years for modification (unless otherwise stated in the court order) Also, there are no guidelines (as far as I know) about there being a 20% difference or anything else for that matter. If he makes more money, child support will go up. If he makes less, child support will go down. It doesn't matter if he got a $.25 raise or a $10.00 raise.
I have taken BF to court 2 times for modification in child support. I have never had an attorney either of these times. I filled out the paperwork and filed with the court myself. It's actually pretty easy. At court, the judge will take a look at the BF check stubs to determine child support then.
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Originally Posted by tleone6764
What State? In some States child support is by statute, not circumstances - a certain percentage per child. As his income increased he should have paid you more. Not everyone is honorable and so sometimes you just have to keep going back.
When you say you took within guidelines - are you referring to child support by statute?
I am not aware of any State that won't allow you to go back into Court if circumstances change. If you haven't been back since 2002 you shouldn't have any problems.
However - knowing he makes a lot more money and proving it are two different things. That's where an Attorney comes in. You always run the risk of offending the Court if you make allegations you cannot back up.
Sure you can file on your own, but you know the saying about a person representing themselves has a fool for a client.
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Originally Posted by ScottGem
To say nothing of getting what you pay for -
My concern in any of this "do it yourself" representation is that you don't know all the ins and outs, the Court in many cases cannot advise you and you shortchange yourself.
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Originally Posted by ScottGem
U don't have to get a lawyer for this you can do this yourself at support enforcement they give the paperwork, fill it out and turn back in to them and they change it if they feel its needed, can take awhile for the change though, lawyers only speed things up.
Hope that helps
Laws and filing rules vary from place to place. Not every place has a "support enforcement" agency. Most places require a petititon in Family Court. And anytime you need to go to court, you should have a lawyer to guide you.Quote:
Originally Posted by nniki
Ahem... Try to have some insight to the background of the Atty. I had an atty. Who took me down the pike for $$$ only to see him give my ex-wife everything she wanted and then the b*tch had the nerve to ask MY ATTY. For a job in his practice??Quote:
Originally Posted by ScottGem
I have a lower respect for the legal profession in MA than ever before be it Real Estate, Criminal, Family Court... Since they keep me in limbo with a lingering and continued 'Contempt of Court' charge hanging over my head I can't get a modification because of that... Two kids have been emancipated and I am still paying for 3 kids when in fact only one is legally on the rolls...
Massachusetts family court system is a cancer :mad:
And your bad experience should not be the condemnation of an entire group. That laws are complex and often convoluted. It often takes a lawyer to unravel this and protect one's interests.
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Originally Posted by Gigolo
It is not possible for your Attortney to "give" your X everything she wanted. It's either by mutual agreement or Court Order.
Why is a contempt charge "hanging over your head"?
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