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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26545
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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My ex and I have one child together. He is now six and until

Resolved Question:

My ex and I have one child together. He is now six and until about a year ago, I was taking care of him full time. Now I have to travel for my job and cannot take care of him so she agreed to take care of him full time as long as I pay her 140 a week for child support. We have a custody agreement which is joint custody so there is no child support order. However I pay her 140 a week and been paying ever since she taken care of him full time. Can she file for modification with me being there in court? How do I know if she filed?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

A modification could not occur without you being notified. In fact, you should be served with a notice, and probably a summons.

There should be no way for her to be able to get a modification without you being noticed of the motion and given an opportunity to respond and appear at the hearing.
Customer: replied 1 year ago.
The reason I ask is because every time we get into an argument she says that she is going to file for modification. But I never been served. By her telling me that is will file for modification, is that a legitimate notification or do I have to be served?
Expert:  Roger replied 1 year ago.
No, her telling you is not proper notice. Instead, you must receive a notice from the court - - and it's actually usually served to you by a process server or sheriff's deputy.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26545
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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