Mediation

[Ref]

Hey Soc!

DH was ordered to mediation with Ex before he can go forward with contempt and change in visitation case.It is a doomed cause because she is hot tempered and stubborn. Ex has regularly stated that if he sues her that she will try to get an increase in support. She is currently on welfare (for 9 years running).

1. Who pays for mediation?

2.  Can she bring up an increase in support during mediation?

3. Can she bring it up in the trial?

Thanks

[socrateaser]

>1. Who pays for mediation?

Usually if the court orders it, then the parties split the cost.

>2.  Can she bring up an increase in support during mediation?

If she wants to move for a support mod, she can do it whenever she can prove a material change in circumstances (i.e., a change in your earning capacity). However, your facts state that she is on welfare, which means that she has assigned her right to child support to the State. Therefore, she has no standing to move for a support modification -- that right now belongs to the State.

>
>3. Can she bring it up in the trial?

See #2.

[Ref]

Just to clarify,

1. Will she actually need to file anything formally to get to CS modification heard or could she out of the blue bring it up and be heard during mediation/court?

[socrateaser]

>1. Will she actually need to file anything formally to get to
>CS modification heard or could she out of the blue bring it up
>and be heard during mediation/court?

She could verbally move for a modification at the hearing, but neither party will have briefed the court, and the necessary evidence of income won't be availble, therefore you should be able to ask for a and be granted a continuance on the matter.

However, your better defense is, that as she has previously assigned her right to child support to the state in return for public assistance, she no longer has standing to independently bring a motion for support, unless and until the state relinquishes its support right.