Child support issues are very important. They can greatly effect both parents and children and it is important to know your rights when it comes to child support. Hear are some quick tips:
When can a party modify an order of child support?
At any time upon a showing of substantial change in circumstances. This could be a change in employment or a change in family circumstances.
How do I start an child support modification action?
By filing a petition for modification and supplying new support worksheets this will require some simple financial records that you may have on hand.
What is the process like?
You need to petition the court and serve the other party with a summons, a copy of the petition, and the worksheets. Once this is done, you need to file proof of service with the court. In order to serve the other party correctly, it is best to hire a professional process server, but sometimes that is not necessary.
How long does the other parent have to respond?
The responding party's answer must be filed with the court within twenty days after service of the petition or sixty days if served out of state.
Will there be a hearing?
Yes. For a change of support the court will conduct a hearing and determine if a modification is justified.
Will it be expensive?
No, not necessarily. Modifications are relatively straightforward, but you need to take the right steps. Usually it is much more expensive to do nothing. You have some options for getting help. Don’t be afraid to ask.
If you have a child support question seek assistance. Don’t wait for something to change on its own, it won’t.
Article written by attorney Jeffrey McCombs