CHILD SUPPORT MODIFICATION

​Child Support Modification is the court process of modifying or changing an existing child support order.  Most states require a "significant change of circumstances" in order to consider a Petition for Child Support Modification.

​What is a "significant change in circumstances" that would warrant a child support modification?

​Each state has it's own criteria for what they consider a significant change in circumstances, these include:  changes in income for the non-custodial parent, increases in the child expenses...

Some states also have a timeframe that must elapse before you can petition the courts for to modify child support payments.  

​I spent nearly 2.5 years in the family courts modifying my child support payments.  These are all of the court filings, sans attachments.  

​All of the Child Support Modification Family Court Documents

​​A Marital Settlement Agreement can also be known as a Divorce Settlement Agreement, Marital Property Settlement Agreement, or Marital Dissolution Agreement.  Covers all financial details, division of assets, spousal support, child support and contributions...

​​​In our state the Judgement for the Dissolution of Marriage is the official signed off and contract of mine and Mr. Ex's divorce, or Dissolution of Marriage.  

​​​​The Court entered document that lays out parenting time and responsibilities.  Does not include financial details. 

​​​​​First Motions I filed to Modify Child Support.  I did this without an attorney.  Also, please note that I should have filed a Petition Vs. Motion.

​​​​​​While I was doing this without a lawyer, my ex (Mr. Ex), hired an attorney.  If you are doing things without an attorney, note how responses are written.

​​​​​​​I issued a handful of subpoenas, again without a divorce lawyer.  This helped  me uncover the hidden income.

​​​​​​​​I finally figured out that I needed a petition.  I was still not working with a divorce attorney.  I went online and found a petition and basically copied it.  Not perfect, but it kept the case going until I hired a lawyer.

​My ex (Mr. Ex) had an attorney.  His attorney wrote up a motion to strike​.  It is essentially legal speak for a document moving that the Judge cancel out the Petition for Modification.  It tried to attack all the points I made.  Again, if you're doing this DIY divorce style, notice how all the arguments are written vs showing up in court and simply presenting arguments verbally.  

​​I issued a handful of subpoenas to deepen the proof of Mr. Ex's hidden income.  His attorney then filed a motion to block those subpoenas and the evidence they produced.  Running my case DIY divorce style was challenging since I had no knowledge of the divorce and court process.  Mr. Ex's attorney used this against me by attacking me on technicalities.  

​​​At this point I had accumulated some very compelling evidence that Mr. Ex had hidden income.  Mr. Ex's attorney ramped up the pressure against those subpoenas, filing a second motion.  At this point, I was super lucky to find a divorce attorney who worked with me delivering unbundled services.  This lawyer helped me keep the subpoenas and evidence in play.  

​​​​​Petition for Child Support Modification (lawyer version)

​​​​I also used this divorce lawyer to ​rewrite my Petition for Child Support Modification.   He did an amazing job.  If you read his Petition and compare it to mine.  He did a great job of listing out the changes in circumstances and reasons to modify child support payments.

​​​​This is the very thing that makes the divorce process, or child support modification process, take soooo long.  If you and your ex cannot agree, you end up with the lawyers filing motions and responses and blah blah blahs - and having court hearings about every little detail.  I'm not saying to agree to things that are wrong, just be aware that this is where your dollars get sucked up in the huge vacuum cleaner called divorce.

​​​​​Motion to ​Quash Subpoenas (​3rd Time with 3rd Lawyer)

​​​​​Yes, by this point there were THREE DIVORCE LAWYERS:  mine, Mr. Ex's, AND his girlfriend's.  Mr. Ex had transferred his business to her - so she too got in the mix now trying to block the subpoenas.

​​​​​​​Interrogatories (for Divorce & Child Support)

Interrogatories are part of the discovery process of divorce.  They allow you and your soon-to-be/already ex spouse to ask questions that must be responded to in writing under oath.  These answer are then used to determine facts in the case, as well as to question each side if/when the case goes to trial.

​​​​​​​​Request for Production, aka RFP (for Divorce & Child Support)

​A request for production ​is a legal request for documents and an integral part of the very important discovery process in divorce.  ​It's ​used to gather evidence, as well proof of assets and income, of each of the spouses.  A good attorney will use a request for production to strategically support their case.  In my case, I issued the first round of Request for Production myself, without an attorney.  

​​Usually protective orders are court orders requiring that a person stay a certain distance away from another person.  In my case, in a play of smoke and mirrors, Mr. Ex and G'friend attempted to claim that I was harassing them.  Now, I was quite persistent with the subpoenas, I will give you that, but this play was to paint an image of me, attempting to damage my image to the Judge.

​​​As we moved towards trial for our child support modification case, we used this legal discovery device in our case as well.   Sometimes this is referred to as the Request for Admissions.  Again, this is signed and answered under oath - even if you are filling this out at home and then going to the notary.  

​This is the Judge's written ruling after our trial.  He really went to town, in my opinion, with his assessment of Mr. Ex and G'friend.  

​​Unbelievably, Mr. Ex filed for a rehearing.

​​​And yes, another Motion for Rehearing.  At the end of our case, Mr. Ex was also required to pay some of my legal fees that resulted from his lies and obstructionist tactics.   Tens of Thousands of Dollars.

​​​​Yes, more legal fees responding.   In the end, Mr. Ex owed his attorney some crazy amount of money, he owed back support, he owed my attorney $10,000, AND G'friend's attorney somewhere in the neighborhood of $15,000.