support order change

[antonin]

I am currently gathering papers to have my support order reduced by 20% as stipulated in our divorce decree when I assume 50/50 custody, which I have had for several months. I am trying to avoid having to prove anything in great detail (which I can, but I do not want to give them more than necessary). To prove that I have been
alternating weekly custody with the ex, I was think of writing as follows, having her notarize it and attaching it to the motion as exhibit #3. (Exhibit # 1 is the decree, Exhibit #2 the CS calculations as per your previous advice).

"This is to certify that I, XXXXXXXX, Plaintiff and mother of XXXXXXXX, have been alternating weekly custody of our daughter, the minor child, XXXXXXX with the defendant, XXXXXXXXXXXXX. Our daughter resides one week with defendant father, then one week with plaintiff mother.

1. Is this an effective idea?

2. Is there anything else I should add if you think it is an effective idea?


Thanks.

[socrateaser]

>"This is to certify that I, XXXXXXXX, Plaintiff and mother of
>XXXXXXXX, have been alternating weekly custody of our
>daughter, the minor child, XXXXXXX with the defendant,
>XXXXXXXXXXXXX. Our daughter resides one week with defendant
>father, then one week with plaintiff mother.
>
>1. Is this an effective idea?

I guess so. I would need to read the entire motion.

>
>2. Is there anything else I should add if you think it is an
>effective idea?

see above

[antonin]

The motion you told me to use was as follows and the reasons follow after the motion.

"Plaintiff, pro se, hereby appears and moves for an order modifying child support to reflect the calculations detailed in the attached Exhibit #1, on grounds that Plaintiff has met the conditions for modification as contained in the court's current child support orders (said court order attached as Exhibit #2)."


Then, attach a child support worksheet (exhibit #1) will all of the relevant calculations that get you to where you want to be (you do this because the clerks only understand standard FORMS, and not the law, so if you don't put it in the form that they understand, they will probably kick it back to you.
And, attach the relevant portion of the court's prior orders (exhibit #2) that permits the mod. In this manner everything that your opponent, the judge and the clerks need is available in your motion, and no one need look anywhere else for any other documentation or evidence.


1. Do I need to mention exhibit #3 (the ex's letter stating that 50/50 has been happening) in the motion or just attach it to the motion after Exhibits 1 and 2?

2. If I use the letter, I guess I should put the standard Notary language (sworn before me, etc) at the bottom of the letter to facilitate notarization, right?

Thanks.

[socrateaser]

>1. Do I need to mention exhibit #3 (the ex's letter stating
>that 50/50 has been happening) in the motion or just attach it
>to the motion after Exhibits 1 and 2?

Yes, the letter is evidence of an admission by your ex that you have satisfied the conditions of the final judgment/order. This all assumes that your ex is not prepared to stipulate to a proposed order reducing support to an agreed upon amount. If she is, then just have her notarize the proposed order as agreed to, and you do the same, and then the judge will just sign it.

>
>2. If I use the letter, I guess I should put the standard
>Notary language (sworn before me, etc) at the bottom of the
>letter to facilitate notarization, right?

You should use an affidavit below your motion request, like so:

In support of the above motion, I, YOURNAME, after first being duly sworn, do hereby depose and say:

1. That on, ??/??/??, I received a letter from (Respondent/Petitioner) admitting, in paragraph ??, that we were both exercising 50/50 custody.

2. That I have calculated my guideline child support obligation based on a 50/50 custody arrangement,  as provided for by state law (see Exhibit #1, attached).

3. That for all of the forgoing reasons, I hearby ask that the court grant an order setting my child support obligation as set forth in the attached, proposed order.

By: ________________
YOURNAME,
(Petitioner/Respondent) Pro Se
ADDRESS
CITY, STATE ZIP
CONTACTFONE

Subscribed and sworn before me, this ____ day of ____, 2004,

By: ___________
Notary Public
My commission expires: ________