Petition to Modify Child Support

Filing a Petition for Modification, will have your case brought before a judge. Both you and the attorney representing Child Support Enforcement will have the opportunity to present information in support of your respective sides of the case. This is when you will use all the information obtained through the previously discussed methods of Discovery. Make sure to provide documentation for all your claims. The judge will not take your word for it! You must show proof! You will file your petition to modify in the county where the child support order was issued. This may be a different county than the one you live in. It could even be a different state. Once the petition has been filed, service will be rendered to the opposing party. Usually this is the Child Support Enforcement Agency handling the case. You will then be issued a court date. You must appear in court at the date and time specified or your case will be dismissed. Present all relevant information to the court regarding why your current order should be changed. The judge's decision in this matter will be final and binding so it is important for you to present as much information as possible in support of your case. If you have lost your job or are unable to work due to medical conditions make sure to bring proof to the trial. Bring recent pay stubs and be prepared to explain why you left your previous employment (if you have recently changed jobs). Leaving a higher paying job for the purposes of reducing child support will result in your case being dismissed with no reduction in child support. If you have changed employment, make sure you have a legitimate reason. Of course, you do not have to get an attorney to represent you during these proceedings but it is recommended. You would need to retain an attorney that covers the county in which the trial will be held. Competent legal council can be one of your greatest assets in having your child support reduced. They are familiar with the court system in which the trial will be held and can help you prepare the strongest case.