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Can you walk me through how to respond to a complaint for modification for child support?
Optional Information: State/Country relating to question: Georgia Already Tried: I am unable to hire an attorney because I had hand surgery and have been unable to work full time.
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Superior Court of Fayette CountyNo my ex husband is asking to receive more child support, even though he knows I hand hand surgery and am unable to work full time.
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Hello,Different expert here - your previous expert has opted out.I would be happy to help. Now, a modification petition is a lawsuit. One must file an answer to a lawsuit. The Judicial Branch of Georgia sums it up very nicely:"An answer is your response to the complaint or petition filed by the plaintiff. It sets forth your position on the claims made by the plaintiff and allows you to deny the claims.You must file a written answer to the complaint admitting or denying, in part or in whole, the claims made by the plaintiff and set forth a legal defense. If you, the defendant, fail to respond or if the response is not received by the court before the due date, you may automatically lose the case without receiving the opportunity to present your case in court. The court may enter a default judgment (judgment entered against a party who has failed to answer or defend against a claim that has been brought by another party) against you, which the plaintiff can enforce by court order. Your property may be sold or wages garnished (set aside) to pay the judgment.Your answer must be in writing and filed with the Clerk of Court either by mail or personal delivery, and you must mail a copy to the opposing party or to the attorney of the opposing party within the time permitted by law. If a party is represented by an attorney, you should not contact the party directly, but instead speak with the party's legal representative. Contacting the attorney of the opposing party does not substitute for a written answer to the complaint."Now, you are likely going to need a template, and if so, see HERE:http://www.scribd.com/doc/66234330/Blank-Civil-AnswerThis provides a very good template that you can use. Note that if you are called RESPONDENT in the suit, and not DEFENDANT, make sure to have that reflected on your answer.-you can skip the FIRST DEFENSE through THIRD DEFENSE - this does not have anything to do with your case.-admit or deny each of their claims. If unsure, then deny. The standard phrase is: "This Defendant is without sufficient knowledge or information to admit or denythis averment therefore this averment stands Denied."-do not forget to include your cause number.Send a copy to the Court (you should have the address on the summons that you were served with) and a copy (certified mail) to the opposing party. You need to do this as soon as possible.While a typed Answer is favored over handwritten, if you do not have a choice, send in a handwritten version. The important thing is that you send in something.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
I am currently typing a response addressing each issue. Is it important to send supporting documentation? And how do I address his request that I cover his attorney fees? Just to give you some info he makes roughly $10k a month and I am not working because of surgery I had in may and my only income is VA comp and money awarded to me in our divorce from his military retirement, both total $1342
Hello,Is it important to send supporting documentation?Yes. You may wish to attach it to the answer and label it "Respondent's Exhibit 1," and so forth. You can refer to it in the Answer as this, i.e. "...and I am disabled, as evident by the physician's letter dated 2/12/2009, herein included as Respondent's Exhibit 1."And how do I address his request that I cover his attorney fees?Just simply state that you deny, and that is it - this is a standard request but does not mean it will be granted. Just to give you some info he makes roughly $10k a month and I am not working because of surgery I had in may and my only income is VA comp and money awarded to me in our divorce from his military retirement, both total $1342Truly unfortunate, I am sorry. Consider pro bono help - I can recommend three resources. First, here is a list of all pro bono work in the state...http://www.abanet.org/legalservices/probono/directory/georgia.html…and another list:http://www.lawhelp.orgFinally, you may call your local law school and see if they have the family law clinic. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:http://www.hg.org/law-schools-georgia.aspIMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Do I need to use the template you recommended?
Hello,Yes - you can use this or another template. But remember that this is just a template, so modify as needed!IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
So a general typed response is not sufficient? Also could you please help me with the wording for him wanting me to pay his legal expenses?
Hello,It is a good idea to reply to everything. Yo do so by admitting or denying, in part or in whole, the claims made by the plaintiff and set forth a legal defense.So your answer my look like this:Respondent admits paragraph one.Respondent admits part of paragraph two about moving, but denies part of paragraph two about receiving welfare.This Respondent is without sufficient knowledge or information to admit or deny paragraph three, therefore this paragraphs stands Denied.Respondent denies paragraph four.(As for the attorney fees:)Respondent denies that he should be responsible for Petitioner's attorney fees.It is really not that difficult once you understand, and I think we are on the same page.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
can you email me that template XXXXX@XXXXXX.XXX please?
Hello,I cannot email you because I have no ability to do this via this medium and cannot contact you outside the forum. However, the link to the template is here:http://www.scribd.com/doc/66234330/Blank-Civil-AnswerIMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Can I copy and paste what I have so far for you to review?
By all means, go ahead.
July 15, 2012
To whom it may concern,
This letter is in response to a Complaint for Modification that was initiated by Tony XXXXXXXXXX. Civil Action File No. XXXXXXXXXXXXXX filed with The Superior Court of XXXXXXXXXXX County on XXXXXXXXXXXXX.
Mr. XXXXXXX is seeking a modification of child support because he states there has been a change in my financial status. That was true until May 2, 2012 when I had Carpal Tunnel and Ulnar Nerve repair surgery on my right hand. I am a Dental Hygienist and have been unable to work full time since the surgery. Please see letter from Doctor. I have been up to that point paying Mr. XXXXXXX anywhere from $100-$300 per month for support for our Son, Barret XXXXXXX. Please see enclosed documentation. My only income right now is $700 that was awarded to me in our divorce settlement and $642 from my VA Compensation. I am currently looking for a part-time job as I have not been cleared to work full time.
Mr. XXXXXXX and I have never had a discussion about travel related expenses; we have always met halfway, which is at the Alabama-Georgia State line.
Mr. XXXXXXX and I have always agreed on a visitation schedule, we work together to create a schedule for the school year and then also work together to create a summer schedule. Please see the enclosed emails documenting that we work very well together.
I am respectfully XXXXX XXXXX you deny Mr. XXXXXXX request for me to pay the legal expenses that he is responsible for.
Thank you - if you give me 5 minutes, I will reply with with a suggestion.
Thank you so very much!! Any help is greatly appreciated!
You did not admit or deny anything. So you did not really utilize what we discussed. Because I have not seen the petition, I do not know which paragraphs to deny, and which to admit, so we will have to be general. How about:Here comes now, ___(name)______, Respondent herein, and files this Answer to Complaint for Modification, and says the following:DENIALRespondent makes a general denial to Petitioner's claim for raining support. Respondent also denies that he should be responsible for attorney fees for Petitioner.AFFIRMATIVE DEFENSERespondent is currently not able to work. Respondent's only income is a divorce settlement and Veteran's Benefits ($642 per month), illustrated in documentation attached to this pleading as Respondent's Exhibit 1 (etc).WHEREFORE, PREMISES CONSIDERED, Respondent prays that Petitioner's petition is not granted, that Respondent be awarded the relief prayed for hereinabove, and for such other and further relief, special or general, legal or equitable, as may be shown that Respondent is justly entitled to receive.Respectfully,(Signature)NameIMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
He is stating 4 things in the complaint1. I've had a substantial change upward in my income2. because I live in Alabama that requires a change in custody and visitation provisions as well as visitation related travel expenses.3. therefore a change warrants modification of child support obligation4. his attorney feesMaybe this helps?
I would need to know what photographs they are.For example, if "therefore a change warrants modification of child support obligation," was paragraph 3 you would enter "Respondent denies paragraph 3.So your general answer would look like:VERSION ONEHere comes now, ___(name)______, Respondent herein, and files this Answer to Complaint for Modification, and says the following (example, do not necessarily relate to the paragraphs):Respondent admits paragraph one.Respondent admits part of paragraph two about moving, but denies part of paragraph two about receiving welfare.This Respondent is without sufficient knowledge or information to admit or deny paragraph three, therefore this paragraphs stands Denied.Respondent denies paragraph four.Respondent denies that he should be responsible for Petitioner's attorney fees.AFFIRMATIVE DEFENSERespondent is currently not able to work. Respondent's only income is a divorce settlement and Veteran's Benefits ($642 per month), illustrated in documentation attached to this pleading as Respondent's Exhibit 1 (etc).WHEREFORE, PREMISES CONSIDERED, Respondent prays that Petitioner's petition is not granted, that Respondent be awarded the relief prayed for hereinabove, and for such other and further relief, special or general, legal or equitable, as may be shown that Respondent is justly entitled to receive.Respectfully,(Signature)NameVERSION TWOHere comes now, ___(name)______, Respondent herein, and files this Answer to Complaint for Modification, and says the following:DENIALRespondent makes a general denial to Petitioner's claim for raining support. Respondent also denies that he should be responsible for attorney fees for Petitioner.AFFIRMATIVE DEFENSERespondent is currently not able to work. Respondent's only income is a divorce settlement and Veteran's Benefits ($642 per month), illustrated in documentation attached to this pleading as Respondent's Exhibit 1 (etc).WHEREFORE, PREMISES CONSIDERED, Respondent prays that Petitioner's petition is not granted, that Respondent be awarded the relief prayed for hereinabove, and for such other and further relief, special or general, legal or equitable, as may be shown that Respondent is justly entitled to receive.Respectfully,(Signature)NameConclusionYou are focusing too much on the minor details. Deny if unsure, and sent in the answer. As long as you get something in, this is what is important.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
What does "raining support" mean? So short and to the point like your example?
I am so very sorry, that should be "raising support."So short and to the point like your example?Yes, this should do the trick. Everything else, you will have a chance to state in Court later.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
So basically type up version 2 and send it in? So should i send in documentation from dr, cancelled checks, emails??
Hello,It can be version one or two, correct.There is no need for any documentation now besides the physician's note. Emails that you "work well" together have no matter here; she is asking for raise in support, and the fact that you two are on affable terms has no bearing on this matter. Simply the note will do.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
So how does this look?
Here comes now, Tammy L Bennett, Defendant herein, and files this Answer to Complaint for Modification, and says the following: DENIAL Defendant makes a general denial to Plaintiff’s claim for raising support. Defendant also denies that she should be responsible for attorney fees for Plaintiff. AFFIRMATIVE DEFENSE Defendant is currently not able to work. Defendant only income is a divorce settlement and Veteran's Benefits ($642 per month), illustrated in documentation attached to this pleading as Defendants Exhibit 1 (etc). WHEREFORE, PREMISES CONSIDERED, Defendant prays that Plaintiff’s petition is not granted, that Defendant be awarded the relief prayed for hereinabove, and for such other and further relief, special or general, legal or equitable, as may be shown that Defendant is justly entitled to receive. Respectfully, (Signature) Name
Good enough to count, and that is all that we want it to do.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
What's your best guesstimate on what will be next for me? Will I be served by the sheriff again or will the court send notification? And what are my chances with accomplishing all this with an attorney present?
What's your best guesstimate on what will be next for me?Will I be served by the sheriff again or will the court send notification?The court will send notifications and the other party will, as well, regarding this matter. And what are my chances with accomplishing all this with an attorney present?You mean without? Honestly? Not good. If you are unfamiliar with the Court system and it seems that you are (which some may argue is a virtue, so do not be upset), you are going to need an attorney who knows the rules of civil procedure and evidence. Otherwise, you may have the other attorney run circles around you. If finances are an issue, I can recommend three resources. First, here is a list of all pro bono work in the state...http://www.abanet.org/legalservices/probono/directory/georgia.html…and another list:http://www.lawhelp.orgFinally, you may call your local law school and see if they have the family law clinic. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:http://www.hg.org/law-schools-georgia.aspIMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Can you please read my response one more time and let me know if for sure it's ok, the wording? and will anything else help?
Hello,It looks fine. You can always add "more" to it, but honestly, this does the job.No need to add anything superfluous.Good luck.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.