how to respond to motion filed for increase in child support?

[doll]

I want to respond to this motion without an attorney. The motion is for an increase in support.

1. Plantiff beleives the defendant has had a wage increase.

2. Defendent does not provide for extracurricular activities.

3. Defendant does not provide clothing, school supplies, shoes, etc.

4. That defendant pay plantiffs attorney fees.

I do provide support of $640 monthly plus I have to purchase everything else for my two boys as well.. The judge has told X several times that points 2 and 3 were the reason he recieves any support.

Questions
1. Do I use tax year 2005 W-2's as my response?

2. Since the motion was filed by his attorney, Will I have to file a motion, or just send his attorney a response?

3. How do one time bonuses come in to play? I had a military signing bonus, and a performance bonus.

[socrateaser]

>1. Plantiff beleives the defendant has had a wage increase.

Relevant.

>
>2. Defendent does not provide for extracurricular activities.

Irrelevant, unless "additional" support is expressly ordered for this purpose.

>
>3. Defendant does not provide clothing, school supplies,
>shoes, etc.

See #2, above. Also, if you can prove that plaintiff is misdirecting the support funds and is harming the child's interests, then you can file a motion for a change in custody -- and for contempt, but much harder to prove.

Generally, what a parent does with support money is the parent's choice, as long as the child's interests are not harmed. So, for example, if the parent buys a Picasso with support money and hangs it on the child's bedroom wall, that's ok, as long as the wall that the painting is hanging on does not go without sheetrock, surfacing and paint as a consequence.

>
>4. That defendant pay plantiffs attorney fees.
>
>I do provide support of $640 monthly plus I have to purchase
>everything else for my two boys as well.. The judge has told X
>several times that points 2 and 3 were the reason he recieves
>any support.
>
>Questions
>1. Do I use tax year 2005 W-2's as my response?

Every jurisdiction has specific requirements for a support mod. Typically, most recent years tax return + w2s + pay stubs are required, but that's just in general, so visit the courthouse and speak to the family law facilitator.

>
>2. Since the motion was filed by his attorney, Will I have to
>file a motion, or just send his attorney a response?

You must file a response and serve it on the attorney by first class mail, accompanied by a certificate of service, per your State's civil procedure rules, whatever they may be (see the family law facilitator).

>
>3. How do one time bonuses come in to play? I had a military
>signing bonus, and a performance bonus.

One time windfalls are not routine forward-looking income for the purposes of calculating child support. However, if that money is invested, then the interest/dividends generated is relevant for support calculations.