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Temporary Mod

Started by 786dad, Dec 16, 2012, 01:08:04 PM

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786dad

Is it advisable, or even possible? to file a "temporary support modification" without hiring an attorney? Has anyone done this themselves before?

My circumstances have changed considerably (sick with cancer, and a new wife and child to support in addition to my two other kids) Yes, it's a mess.

Any input would be greatly appreciated.

ocean

Yes, you can file yourself. Modification of child support due to xyz. Some states will not care if you have more children to care for because you knew of your responsibilities of the first children. You can get the papers at your local family court house, where you were in court last time. Some courts have intake offices that will type of the paperwork for you and hand it in. Some courts have it online and you can fill it in and send it in.


786dad

If the ex doesn't agree with the paper work (highly likely) how long does she have to object and drag her nasty lawyer into It?

ocean

In my state, you fill out the paperwork and file it with the courts (here it is free, some places small fee). Then in about 3 weeks you would have a court date. She can bring her lawyer into that, you go in and say why you need it lowered with proof (dr letter, unemployment? disability?). If you qualify for fed disability, the kids can get money that way and in some states they will consider that money as child support. Some places the judge will listen and if no agreement between you both on a new amount, then a trial would be set, come back in a month for that. Many times, both sides can request postponements and it could take months to get a decision. Pay what you can each month and ask in your papers that the money be back dated to the day you filed (tomorrow's date). Then after they will fix the arrears.


786dad


tigger

Quote from: ocean on Dec 16, 2012, 01:48:20 PM
Some states will not care if you have more children to care for because you knew of your responsibilities of the first children.

In NC, they give you a credit for your other child(ren).
The wonderful thing about tiggers is I'm the only one!

786dad

I live in wa state. community property state. children live in Canada with the their mother. i question that wa state can hold jurisdiction

ocean

Where was the divorce or last family court proceedings held?

786dad

Wa state. I could easily establish a residescy in Canada as I am a dual citizen.

ocean

Then go to your family court if the order is from the US. You want to modify the US order.