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What Forms Do I Need to File Child SUpport Modification PRO SE

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What is the name of your state (only U.S. law)? Indiana

Last year a judge modified our child support so that I am paying my daughter's father child support. Then she said that dad was in arrears over $10,000. She said that I don't have to pay him anything until the arrears are gone. She set the amount I pay at a higher amount than he ever paid. I have our daughter about 50% of the time except when he is mad and tries to prove something by withholding extra time, etc.

Anyways. I was looking at the amount of CS I will possibly be paying dad if I don't get custody back. It is almost half of my income. Dad makes more money than I do, I buy most of our daughter's clothes, get her haircuts, and buy most of her toiletries. I ran the numbers through the Indiana Child Support Calculator online, and I was surprised to see that the aount of Child support that I should be paying is actually 25% of what the judge ordered. Dad has changed jobs several times this year. He has been at higher paying jobs, and at lower paying jobs.

I want to file a petition to modify support. I am also worried that he will pull something in court that will make me have to pay more in support. Can I ask him for a copy of his taxes and a wage statement? Do I have to request those things from his attorney? Do I have to file anything with the court to go those things? Do I have to provide the same to him at the tiem I request his?

What is the proper procedure for this?

Thanks
 


LdiJ

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

Last year a judge modified our child support so that I am paying my daughter's father child support. Then she said that dad was in arrears over $10,000. She said that I don't have to pay him anything until the arrears are gone. She set the amount I pay at a higher amount than he ever paid. I have our daughter about 50% of the time except when he is mad and tries to prove something by withholding extra time, etc.

Anyways. I was looking at the amount of CS I will possibly be paying dad if I don't get custody back. It is almost half of my income. Dad makes more money than I do, I buy most of our daughter's clothes, get her haircuts, and buy most of her toiletries. I ran the numbers through the Indiana Child Support Calculator online, and I was surprised to see that the aount of Child support that I should be paying is actually 25% of what the judge ordered. Dad has changed jobs several times this year. He has been at higher paying jobs, and at lower paying jobs.

I want to file a petition to modify support. I am also worried that he will pull something in court that will make me have to pay more in support. Can I ask him for a copy of his taxes and a wage statement? Do I have to request those things from his attorney? Do I have to file anything with the court to go those things? Do I have to provide the same to him at the tiem I request his?

What is the proper procedure for this?

Thanks
One thing that you need to make sure that you do it properly, is that child support in Indiana depends very heavily on the official number of overnights that you have per year with the child. If you count those wrong, it can make a huge difference in the calculation. Also, if you count nights that you are getting, that are not yours officially, that won't help you either.

If the Indiana Parenting Time Guidelines were ordered, then you have between 85-92 overnights a year, (due to varying holidays). If you have the IPTG plus overnight on the Wednsday visit, that's between 126-133 nights per year.
 
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mmmagique

Member
When I was in a child support case in IN. they actually just asked both of us what we made. They never asked for proof.
If I wouldn't have been so trusting and shy of "making waves" I would (and should) have demanded tax documentation. That is what I suggest you do.
 
One thing that you need to make sure that you do it properly, is that child support in Indiana depends very heavily on the official number of overnights that you have per year with the child. If you count those wrong, it can make a huge difference in the calculation. Also, if you count nights that you are getting, that are not yours officially, that won't help you either.

If the Indiana Parenting Time Guidelines were ordered, then you have between 85-92 overnights a year, (due to varying holidays). If you have the IPTG plus overnight on the Wednsday visit, that's between 126-133 nights per year.
I counted my overnights for what is shceduled. I was getting a lot of additional overnights, but he has stopped doing that. I have the IPTG visitation. I did not included the additional overnights. I know they would vary from year to year. I do have them whenever possible. I can believe that the courts wouldn't take them into consideration.

Will the courts consider that I purchase most of her shoes, clothing, toiletries, and take her for her haircuts, etc. Dad buys some clothes for her a Goodwill and relies on hand-me-downs from his relatives. Also, my husband carries insurance on her thru his job. Her dad claims that he pays so much a week for insurance, but he has not held a job long enough to get insurance for the past year. He has never provided proof of his payments.


When I was in a child support case in IN. they actually just asked both of us what we made. They never asked for proof.
If I wouldn't have been so trusting and shy of "making waves" I would (and should) have demanded tax documentation. That is what I suggest you do.
Do I have to wait until we are in court to ask for his taxes, or can I request them before? If I request his do I have to subpeona them, or can I just ask? Do I ask his attorney or him? If I am going to be pro se can I speak to his attorney?

Thanks
 

LdiJ

Senior Member
I counted my overnights for what is shceduled. I was getting a lot of additional overnights, but he has stopped doing that. I have the IPTG visitation. I did not included the additional overnights. I know they would vary from year to year. I do have them whenever possible. I can believe that the courts wouldn't take them into consideration.

Will the courts consider that I purchase most of her shoes, clothing, toiletries, and take her for her haircuts, etc. Dad buys some clothes for her a Goodwill and relies on hand-me-downs from his relatives. Also, my husband carries insurance on her thru his job. Her dad claims that he pays so much a week for insurance, but he has not held a job long enough to get insurance for the past year. He has never provided proof of his payments.

It would also be in your best interest to go to court with a fully completed child support worksheet. You can make one of those using the official Indiana child support calculator.




Do I have to wait until we are in court to ask for his taxes, or can I request them before? If I request his do I have to subpeona them, or can I just ask? Do I ask his attorney or him? If I am going to be pro se can I speak to his attorney?

Thanks
You can stop paying for all of the extras, and let him buy the stuff himself.

You would have to ask his attorney for his tax return, as part of "discovery". You would also need to ask for proof of the health insurance cost.

It would also help you if you go into court with a completed child support worksheet. You can make one of those using the official child support calculator.
 
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You can stop paying for all of the extras, and let him buy the stuff himself.

You would have to ask his attorney for his tax return, as part of "discovery". You would also need to ask for proof of the health insurance cost.

It would also help you if you go into court with a completed child support worksheet. You can make one of those using the official child support calculator.
If I don't pay for the extras she doesn't get things. Even necessary things.... When I picked her up from school last spring she was wearing shoes that were so small her heels and a toe were bleeding.

Her hair looked like a rat's nest, and her dad makes her wear clothes that don't fit. If he buys them they are too big (He said she'll grow into them :eek:)

I'll ask his attorney for his taxes, current paystubs, financial affidavit, and proof of insurance...

Anything I'm leaving out?

Thank You
 

seniorjudge

Senior Member
...
Do I have to wait until we are in court to ask for his taxes, or can I request them before? If I request his do I have to subpeona them, or can I just ask? Do I ask his attorney or him? If I am going to be pro se can I speak to his attorney?
...


Read up on discovery rules in your state.

You have to ask for everything before you get to court.

If you are pro se, call the other lawyer and tell him what you want. Ask him if he will give it to you without formal discovery. If he says yes, then ask for him to write you a letter to that effect. If he says no, then do it by the rules.
 
Read up on discovery rules in your state.

You have to ask for everything before you get to court.

If you are pro se, call the other lawyer and tell him what you want. Ask him if he will give it to you without formal discovery. If he says yes, then ask for him to write you a letter to that effect. If he says no, then do it by the rules.
Thank you.

I don't know if I should wait until after the first of the year since we'll be filing taxes soon, or should I get the ball rolling now.

I am going to go pro se, because I cannot afford an attorney with the amount of child support I am paying!
 

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