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Child Support Modification

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NorthStar00

Junior Member
What is the name of your state (only U.S. law)? Alabama

I spoke with my ex-wife and informed her my pay was cut $27,000 and because of this I need to have support modified. When our initial order went through after the divorce I was making approx. 70,000 and she was making $25,000. Her pay has came up but I can't prove it. Will the judge lower my support without validating her income? Also, how do I go about pursuing a modification. I found the following form, however I do not know what other if any forms need to be supplied. Can I represent myself in court?


http://eforms.alacourt.gov/Child%20Support%20Forms/Modification%20Order%20of%20Support.pdf
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Alabama

I spoke with my ex-wife and informed her my pay was cut $27,000 and because of this I need to have support modified. When our initial order went through after the divorce I was making approx. 70,000 and she was making $25,000. Her pay has came up but I can't prove it. Will the judge lower my support without validating her income? Also, how do I go about pursuing a modification. I found the following form, however I do not know what other if any forms need to be supplied. Can I represent myself in court?


http://eforms.alacourt.gov/Child%20Support%20Forms/Modification%20Order%20of%20Support.pdf
Sure, you can represent yourself in court, but if you can't figure out how to do so, you will need to hire an attorney to do the legwork. You can also apply via DHR to handle the CS from here on out. :cool:

Doubt very seriously the judge is going to allow changes without Mom's income since Bama uses a shared income model.

Link to Alabama Administrative Court site on Child Support:
Alabama Unified Judicial System -- judicial.alabama.gov

DHR website on Child Support:
http://www.dhr.state.al.us/page.asp?pageid=288

Schedule of Basic Child Support:
Alabama Unified Judicial System -- judicial.alabama.gov

Worksheet used in Alabama to compute Child Support:
http://eforms.alacourt.gov/disLogonGrid.aspx?key=5-0-0
(It's number 42)

DoItYourself Forms
http://www.alabamalegalhelp.org/resource/do-it-yourself-instructions-and-forms
http://eforms.alacourt.gov/

More Forms:
http://www.birminghambar.org/domestic_forms.cfm
http://williampfeifer.com/alabama-legal-forms

http://williampfeifer.com/law/alabama-rules-of-civil-procedure

(Note: I am not affiliated with any private firm whose website I have listed here. I have done so merely as a courtesy and for informative purposes only)
 

NorthStar00

Junior Member
Thanks for the info!

When I spoke with DHR they stated that they did not have my case because it went through the courts and was part of my divorce decree. They stated I would have to go to court to get it changed.
 

TheGeekess

Keeper of the Kraken
Thanks for the info!

When I spoke with DHR they stated that they did not have my case because it went through the courts and was part of my divorce decree. They stated I would have to go to court to get it changed.
You request that the case be opened for enforcement through them.

2) Non-FA Recipient Requesting Child Support
Services:
(a) Provided all conditions of eligibility are met
on application for services, the Department will take
action to
locate the noncustodial parent(s) or alleged
parent(s), establish paternity where applicable, obtain
court order(s) for child support, (including medical
support), enforce court order(s) for child and medical
support, modify court orders, and collect support.


Services will be provided whether or not there is an
assignment to the Department of rights to child
support.

Applicants may request all of the aforementioned
services
or location-only services. Services requested
must be identified on the application form.

(b) Conditions of Eligibility.
1. The Department will recover costs for the
provision of services to non-FA clients through fee
s assessed against the client. Such fees will be based
on periodic computation of such costs.

2. An applicant is not eligible for services to
establish paternity and support after a child reaches
the age of 19. However, if a support order already
exists and all children subject to the order are age
19 or older, an applicant is eligible to receive services
to pursue collection of arrearages which accrued during
the children’s minority.

(i) Services for the establishment of post-minority
support for education expenses (Bayliss cases) are
no longer available through the Alabama Department of Human
Resources.

(ii) If the applicant claims to be the person having
responsibility for and exercising control of the child(ren),
(s)he must provide birth certificate(s), proof of
guardianship or custody, or proof of control and maintenance
of the child(ren) for whom services are being sought.
Except that in the case of an alleged or noncustodial
parent applying for services, the birth certificate,
proof of guardianship or custody, or proof of
control and maintenance shall not be required if (s)he is not
claiming to be the person having responsibility for
and exercising control of the child(ren).

3. The applicant must be one of the following:
(i) The parent or alleged parent of a child born
out of wedlock or born in wedlock;

(ii) The parent or guardian entitled to, but not
receiving a court ordered amount of child support;

(iii) The legal custodian of a child(ren) who has
or potentially has a child support obligation owed to
them by the parent(s) of said child(ren); or

(iv) The custodial parent of a child(ren) born in
wedlock who has or potentially has a child support
obligation owed to them by the applicant’s spouse or ex-spouse;

(v) A person having day-to-day responsibility for
the care, control, and maintenance of a child (example
– child reared by grandparents even though they do not
have legal custody).

(vi) A representative of an agency holding custody
of a child by order of the court.
http://www.alabamaadministrativecode.state.al.us/docs/hres/660-3-3.pdf
 

NorthStar00

Junior Member
I spoke with the court here. The forms I need to file are Request to Change Child Support (Form PS-02), and Child Support Obligation Income Statement/Affidavit (Form CS-41). Also, I need to provide proof on income, bank statements, W2s, tax returns. I have all that. I've also informed my ex-wife and she didn't have any issues. The court will issue here a subpoena for proof of her wages, W2s, etc. The fee to file is ~$430. The clerk said I should expect to wait a year before I have a court date however I can file for a temporary change while I'm waiting. She said there is a court library that I can read up on how do to that.
 
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TheGeekess

Keeper of the Kraken
I spoke with the court here. The forms I need to file are Request to Change Child Support (Form PS-02), and Child Support Obligation Income Statement/Affidavit (Form CS-41). Also, I need to provide proof on income, bank statements, W2s, tax returns. I have all that. I've also informed my ex-wife and she didn't have any issues. The court will issue here a subpoena for proof of her wages, W2s, etc. The fee to file is ~$430. The clerk said I should expect to wait a year before I have a court date however I can file for a temporary change while I'm waiting. She said there is a court library that I can read up on how do to that.
Yes, and there are plenty of links above that will do the same thing. :cool:
 

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