When an individual wants to modify their child support payment arrangement, there exist several child support papers that must be submitted in order to get a hearing.
A hearing is where a judge within the family court will let each parent make a case for their requested child support modification.
If a required child support paper is not submitted, then the procedure will take longer. This is because all of the information will have to be resubmitted. Although the initial filing of a motion to modify child support is fairly simple, having the modification approved may not be.
Even when an individual properly submits all of the child support papers and documents that need to be submitted, they may face some difficulties when it comes to getting the modification approved.
One child support paper that an individual need is a petition or complaint about a modification of child support. Either parent can file this child support paper.
The child support paper that one must begin with is called a Motion for Modification. All of the child support papers must be filed with an individual’s local county clerk, without exception.
There are several other child support papers that must be filled out as well. When an individual is filing a motion for modification, they should also file a pro se appearance form.
A child support paper that must be filed at a later date in time is a financial affidavit form. Usually, the courts want this child support paper to be on file at least five days before the hearing.
Besides official forms and child support papers, there are other documents that one should be prepared to bring to court with them. These documents can help alleviate some of the difficulties that come with having a child support order modified.
There can be difficulties when either parent is trying to get a modification. On one hand, the family courts do like to review the child support agreement every two to three years in order to make sure that the terms and conditions are up to date.
On the other hand, any individual who wishes to modify the order before that may face some problems. The family court does not wish to impose any financial hardship on either parent.
Therefore, if the custodial parent wanted to increase the payments but the non-custodial parent would suffer financially, then the judge may be reluctant to increase the payments.
This idea also applies if the non-custodial parent wants the child support payments lowered. This may hurt the custodial parent financially.
The courts try to make child support arrangements that serve the best interest of the child, however, sometimes that can be difficult.
A child support modification can not be considered until one has filed all of the necessary child support forms with their local county clerk.