Process for filing and serving notice

[The_Non-Mom]

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

So Dad has decided to ask for a reduction in support. He never asked for a reduction when the placement schedule changed to 50/50 with him having primary. That was two years ago, so this request is a little overdue. Also, Mom has had steady (and good-paying!) employment for the last year, so he is pretty sure he will get some sort of reduction.

Question from Dad - Dad is filing himself. He has filled out the form to file a motion and filled out the Income and Asset Statement. Now what does he do? The form says he has to mail a copy of the motion to Mom. Does he do that now before filing the motion? Or does he take his form to the courthouse for a hearing date and then send a copy with the hearing info on it to Mom?

Question from me - The Income and Asset Statement has an area for filling out monthly expenses like credit card payments and car payments and stuff like that. Why does that matter? We don't have any of those payments, but the court wouldn't reduce his support just because he has a car payment, right? Likewise, I can't imagine that Mom's support would be increased if she has credit cards and car payments. So what is the point of the disclosure of that information?

 

[Silverplum]

Hi, N-M.
Have you PMd Zephyr about this?

Without researching WI (!!! !!!) I'd say the motion should be filed and then the copy mailed to Mom.

But if you want my help researching, just let me know.

 

[The_Non-Mom]

Yeah, I'll PM Zephyr.

I read all the self-help stuff on the government website, and it just talks about the method of serving the other party. If it's a motion, then service can be done by mail. But if it's an order to show cause, it needs to be done personally. So Dad knows HOW to serve but not when.

It makes sense to me that you would have to serve after filing so that the hearing info is communicated. But then do you have to bring multiple copies of the notice to the courthouse? Or will the courthouse make copies for you?

You would think Dad would know this stuff, but he never filed the paperwork when the first custody and child supports orders were made; Mom did. And then when the placement schedule got changed a couple years ago, he only had to fill out and file the paperwork requesting mediation and the mediator took care of the rest.

 

[The_Non-Mom]

I hate to play the bump game, but I am hoping someone can help point Dad in the right direction as to the steps for filing a motion.

Thanks!

 

[Zephyr]

I hate to play the bump game, but I am hoping someone can help point Dad in the right direction as to the steps for filing a motion.

Thanks!

I'm sorry I'm late on this, I have been MIA...

You definitely file first and then serve. The guidelines you found on the web should indicate how long prior to the actual court date the papers should be served. Double check that because sometimes it's as little as 5 days prior to the court date. (Which, if you do wait that long- expect a request for continuance and expect for it to be granted) I think there are a couple scenarios where it may be longer as well. So it's worth double checking.

If you are going to mail it, spring the extra couple dollars for delivery confirmation or certified return receipt- I know it's not required but it completely takes away the I never got it argument.

Good luck!

 

[The_Non-Mom]

Thanks Zephyr. I just PM'd you with some further details. Would you be so kind as to read through them and let me know what you think? Thanks again!