Child Support HearingUpon my divorce my ex intimidated me into not asking for child support, saying he would pay for all his needs. Unfortu...

Question

Child Support Hearing

Upon my divorce my ex intimidated me into not asking for child support, saying he would pay for all his needs. Unfortunately I agreed and his attorney placed an order in the divorce that I not receive child support. Since then he has not met our childs needs so I went though the court facillitator for child support modification. A hearing is scheduled and I need to know how to prepare for the hearing and if there is anything I need to present to the judge. Thank you.

Answer

Re: Child Support Hearing

That result would never have been reached in any court in which I have ever dealt with child support. Its mandatory, not discretionary.

That you are now seeking to modify the order is probably appropriate.

Your bases are that: The previous order works a hardship and that he hasn't done what he promised to do - to support the child. Don't lose the distinction, and present both issues for resolution.

You need to present the court with the previous order, and a financial declaration for you backed up with two years of tax returns and your pay stubs for the last six months, under seal, and a proposed order of child support and supporting worksheets on the correct forms.

So, yes, there is quite a lot you need to present to the judge, and there are a lot of procedural rules you have to follow or your support mod. could wind up being dismissed.

This is a really good case to hire a lawyer to argue for you. The law allows your attorney to request the other party to pay your fees (based on need v ability to pay OR intransigence).

You'd do well to get a good local family law attorney to help you. Hope this helps. Elizabeth Powell