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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I need to write a motion for the following: Income modification

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I need to write a motion for the following: Income modification the reason is that the Judge’s Order issued 1-31-13 at the time considered testimony of a building that I previously owned that in 2008 it generated approximately $33,000 worth of rental income. It was sold January of 2010 but the Judge considered it as still being my building and assessed $35, 000 to my personal income. The Judge also found Petitioners C.P.A.’s testimony to be more credible than my C.P.A.
The building has been 50% unoccupied since spring 2011, the rental income is currently $750 a month or $9,000/yr, the taxes alone are at $12,000 which also was not taken into consideration. The Judge also considered my mother’s income at 35,000 to be more than the position required. She worked as the in house accountant since 1985. She decided to retire as of January 2013 as she felt bad that the Judge was basing my child support income with her full income added to mine. Very bizarre, I literally could write a book about the Judicial System in Southern Colorado and the political favor that have been paid through questionable Judicial Appointments.
My legal expenses to date have been in excess of $400,000 and child support paid over $300,000 with arrears of $26,000 as the original amount plus interest paid at more than $35,000 yet due to improper calculations and with 12% interest included there is a balance of over $80,000 which is why it is imperative that the calculations be evaluated and redone to reflect the amount that is accurate and true. My BK Attorney that I retained for possible bankruptcy on a consultation bases only has recommended that I square all these issues before I consider filing. The key is that if I am able to resolve the inaccuracies in the arrears accounting I may not have to file bankruptcy which is important to me.
During the last modification which lasted close to two years there was a period where my monthly support fell to $2,000 a month which was approximately $400 below the determined amount by the new modified court order. The judge found me in contempt saying I had the ability to pay and I was sentenced and served 90 days of home detention.

I would like to be able to write a motion requesting Legal Representation as my financial resources do not allow my ability to pay for an attorney. My current child support with arrears is approximately $7,500 a month. My monthly net income is $6,987.50.

I would appreciate thoughts and suggestions on how to write these motions if possible.

Thank you, DrG
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that what you are seeking to do is a pretty much impossible task, since there is no law providing for free legal representation in civil cases like this. You are going to have to go through the state bar and also legal aid to get yourself legal representation as the court is powerless to appoint any attorney to you in this type of case.

Courts rarely if ever appoint attorneys in civil matters and only when the party is mentally and/or physically disabled to the point that they cannot represent themselves. Thus, you are going to have to find counsel locally for this.

Also, the motion for modification you have to address any changes in financial circumstances since the entry of the last order and show that there has been a significant change. As far as any mistakes you are alleging that led to the January 2013 ruling against you, those would have had to have been addressed by your filing an appeal within 30 days of that judgment.



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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89698
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and other Family Law Specialists are ready to help you
Customer: replied 9 months ago.

Thank you, XXXXX XXXXX I will have to go at it pro se as I’m not financially able to retain an attorney at this time. I plan to address changes in financial circumstances since the entry of the last order and show that there has been a significant change. This is the reason for considering a motion for income modification. I understand that if a change in income result in at least a 10% difference on child support then it is allowed to file a motion to modify.


You have been very helpful, thanks again.


DrG

Expert:  Law Educator, Esq. replied 9 months ago.
thank you for your response.

Yes, you need to have to have income change significant enough to change the support at least 10%, but realistically the courts want at least 20% or greater before they will make any meaningful change.

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