Child support is subject to modification when there is a substantial and continuing change of circumstances. “Substantial” generally means a 10% change in the amount of support ordered to be paid. The change of circumstances warranting modification of child support can arise from a change in or loss of income, one of the minor children becoming emancipated or attaining 19 years of age, the amount of maintenance (alimony) having increased, decreased or ended. Or, you have remarried and have another child to support and other economic factors, including a change in health insurance costs and childcare costs.
Are you wondering about requesting modification of child support but are not sure if you can afford a lawyer to help you?
In the current tough economy many people want to obtain an adjustment of the amount of child support paid — or received — because of less income, job loss, higher living expenses, or other change of circumstances.
Some people consider filing a motion to modify the amount of child support paid or received on a “Do-it-Yourself” or pro se basis without obtaining legal representation. After all, the forms needed can be obtained over the internet and it costs a lot of money to hire a lawyer, right?
But, . . . have you considered the risks? Do you know what information is needed, how to get it and best present your case?
Martin Law Firm Can Help You Prepare Your Case
Schedule a Child Support Review with one of our attorneys, at a time convenient to you, and learn about your options, the risks and benefits of seeking support modification, what you need to do, how to do it, where to get the information to present your case to the Court, and much more.
During the meeting, we will:
- Review all of your prior Court documents relating to child support
- Discuss and analyze what your current situation is and what you want to accomplish
- Explore financial and other risks that may result from filing a motion with the court — including paying the other party’s attorney fees, sanctions, retroactive awards, arrearages
- Show you where to obtain the required forms to modify support — motions, financial affidavits, disclosure certificates, hearing notices — and how to complete the forms
- Advise you of the required filing fees, where to file your documents and how to serve them
- Review the timelines and tasks you will need to undertake to comply with the Court’s scheduling and disclosure rules, and how to do it
- Give you information on where and how to find financial information regarding the other party
- Explain how to get the other party’s financial information — disclosures, discovery, subpoenas — and deadlines to do this
- Brief you on how to present your case — exhibits, witnesses, applicable law, what is important and what is not
The list of meeting topic areas above may vary from case-to-case and will depend upon your particular circumstances. The meeting is intended to provide you with a lot of information and legal advice on how to modify your current child support obligation and is only available for existing Colorado cases.
To make the most of the Child Support Review meeting, you will need to prepare in advance, gather and provide us with these documents:
- Current or existing child support order
- Your current pay stub or, if self employed, an outline of your gross receipts and list of business expenses
- List of all of your children’s names and ages, including those who may not be covered by the current child support order
- Childcare cost information: enrollment contract, charge sheet, payment receipts
- Health insurance cost or rate sheet: statement listing who is covered and what your cost is
- Schedule of when you have the child or children and calculation of the number of overnights you have the child or children each year
- List and proof of payment or cost of all extracurricular activities for the child or children
- Your last Federal income tax return, and all schedules, forms W-2, 1099 and any other documents filed with the return
- An estimate of the other party’s income and child-related expenses
- A copy of the last completed financial affidavit or sworn financial statement for both yourself and the other party
- A list of any particular questions or concerns you have regarding the child support modification process
If possible, please provide us with the documents listed above in advance of the meeting as this will enable a preliminary review by the attorney and help streamline the conference. You may scan and email, fax, mail, or stop by our offices to drop off the material in advance of the meeting. If you are unable to provide the documents in advance, please be sure to bring them with you at the time of your Child Support Review.
Post Meeting Services:
A benefit of meeting with one of the attorneys at Martin Law Firm for your Child Support Review is that you will have a legal advisor to help you, as needed, if questions or problems come up during the child support modification process who is knowledgeable about your particular case and circumstances. The additional services are at the attorney’s normal hourly rate — but, you only pay for the actual time needed. Martin Law Firm offers several levels of service and you can choose which one works best for you — visit the Service Options page for additional information.
Other areas where Martin Law Firm can help:
- Calculation and negotiation of arrears payment
- Drivers License suspension problems due to non-payment of child support
- Modification of custody and parenting time
- Contempt proceedings regarding child support
- Child Support Enforcement matters