In my Pro Se Petition for Modification of Child Support, I focused on telling the story of the changes that I felt would warrant a modification. But since it's not completely legally buttoned up, it wasn't considered a completely legitimate petition.
I needed to include attachments, such as Marty had done in his filings, as evidence.
And I needed to get it time stamped and filed with the courts.
Divorce Checklist Lessons:
- If you don't have a divorce attorney representing you and are writing your own paperwork, make sure that you refer to and include evidence to your filings as attachments.
- All divorce paperwork needs to be filed with the courts in order to be officially recognized by them.
IN THE CIRCUIT COURT OF XXXXXXXXXXX COUNTY, XXXXXXXXXXX COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION
PETITION FOR MODIFICATION OF CHILD SUPPORT
I, XXXXXXXXXXX, without the assistance of an attorney, ask this Court to modify an existing order of child support. In support of my Petition, I state the following items are true to the best of my knowledge:
1. This Court has jurisdiction over the subject matter and the parties.
2. I am XX years old; my address is: XXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXX; I live in XXXXXXXXXXX County; and I have lived in XXXXXXXXXXX for at least 90 days before I filed this Petition.
3. The other parent's name is XXXXXXXXXXX, he is XX years old; his address is XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX; and he is a resident of XXXXXXXXXXX.
4. On March 19, 2014 an order was entered by this Court (see attached) to pay $764 per month in child support.
5. Prior, and leading up, to the entry of this Order, there have been substantial changes in circumstances which justify the immediate modification of the child support order including:
a. XXXXXXXXXXX is making more money than he is showing on his individual income tax returns.
1. When we were married, XXXXXXXXXXX owned and operate a DBA, XXXXXXXXXXXXXXXXXXXXXX (see check), which was an equipment rental company. For every day that he worked XXXXXXXXXXX, he earned at least $700-800 for his labor and an additional $900-1000 for equipment. Currently, he uses a company called XXXXXXXXXXX to operate that business. However, the business is registered to XXXXXXXXXXXXXXXXXXX so that all of that income generated can be shielded from child support.
2. In October of 2013, when I initially told XXXXXXXXXXXXXXXXX of going to court to modify child support. He responded, "Was thinking bout everything can't get to court on the day you requested, how ever I am willing to adjust the amount based on my current amount." He then sent a check to the child support services department for $1000. In the 30 days leading up to that check he paid a total of $1638.85. I was definitely hitting all the points. I should have also attached all the documents I cited as exhibits.
b. Also, our son, the child, has multiple life threatening food allergies and asthma, and has greater physical needs than a child without allergies and asthma. We both agreed to this diagnosis in our joint parenting agreement. When the initial child support amount was set, our son was 4 and not drinking camel milk – between $400-600 month.
c. In 2009, when the original support order was entered, our son did not attend school. He is now nearly 8 1/2, and he not only attends school, but many other extra curricular activities that cost money, and to which XXXXXXXXXXX does not contribute. The costs for our son have significantly gone up. (School XXXXXX/year, Kung Fu XXXX/month, Swimming XXXX/year, Music at least XXXXX/year, summer camps ranging from XXXX/week, children's parties...)
d. In 2009, when the original support order was entered, XXXXXXXXXXX was in process of bankrupting his trucking business. Additionally, the house we lived in was being foreclosed on. The only income he showed at that time was unemployment. Currently, XXXXXXXXXXX lives in a 1600 square foot lake house, has managed to purchase a 21 ft. speed boat, spends money on guns, cigarettes, $400/month car payment, $200/month on gas all while working approximately 73 days/year.
e. In 2013, XXXXXXXXXX verbally agreed to pay half of the $9800 school tuition for our son. When it came time for me to sign the contract, he went back on his commitment. And so, I was left paying for both schools at a time – XXXXXXXXXXX (1st grade) and XXXXXXXXXXX School (2nd grade). In the summer of 2013, XXXXXXXXXXX parents, XXXXXXXXXXX agreed to pay half of school for our son, they issued a check for $2450 to the school. Unfortunately, they did not pay all of their promise either and so I paid the entire sum of XXXXX myself. As required by the school, I have been paying 3rd grade tuition (XXXXXX) without a penny being paid by XXXXXXXXXXX, or even the offer of a penny.
WHEREFORE, I request:
A. That the Honorable Court determines the parties' financial obligations and conditions and their existing abilities to contribute toward the expenses of the minor child.
B. That the Honorable Court increase the existing level of child support to reflect the changes in the parties' obligations, conditions, and abilities to support the minor child.
C. That the Honorable Court compel discovery of all the business records of XXXXXXXXXXX.
D. That the Honorable Court increase the existing level of child support above the guidelines to reflect the physical needs of the minor child. Our child presently suffers multiple life threatening food allergies and asthma. The food allergy requires me to purchase special foods, such as camel milk.
E. That the Honorable Court shall require the XXXXXXXXXX to maintain health insurance for the minor child if available through his employment.
F. That this Honorable Court require XXXXXXXXXXX to pay half of our son's school expenses.
G. That the Honorable Court shall require XXXXXXXXXXX to maintain a life insurance policy on his life in the amount of at least Two Hundred and Fifty Thousand Dollars ($250,000) naming the (XXXXXXXXXXX) minor child as irrevocable beneficiary and XXXXXXXXXXX as trustee for the benefit of the minor child. Per our joint parenting agreement, XXXXXXXXXXX is required to maintain a $100,000 policy, which he has not complied with.
Under penalties as provided by law pursuant to Section 5/1-109 of the Code of Civil Procedure the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information or belief and as to such matters the undersigned certifies as aforesaid that she verily believes the same to be true.