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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 11982
Experience:  JD, MBA
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How to modify child support order

Customer Question

How to modify child support order
Submitted: 8 months ago.
Category: Family Law
Expert:  TJ, Esq. replied 8 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

To clarify, is this a proposed order or agreement, or is this an actual court order signed by a judge?

Customer: replied 8 months ago.
It just said order. No signature of judge, just a court clerk. I did not agree with numbers verbally, or in writing
Customer: replied 8 months ago.
I am not sure what to do next. File order of modification myself, or request hearing? I do have father's tax return, and according to his income, child support should be increased, not cut in half
Expert:  TJ, Esq. replied 8 months ago.

Hello again.

You first need to determine whether this is actually an order, or a proposed order sent by your ex's attorney. If it's merely a proposed order, then there is nothing to modify yet. I would contact the court clerk to be certain.

If it is an actual order, you must first understand of that child support is calculated based upon statute. Accordingly, there is not much room to alter a child support order. But if you disagree with the calculations because a mistake was made, then you can certainly file a motion to modify the child support order, and then explain the reasons why the previous calculations were incorrect, and why your calculations are correct.

I would absolutely retain an attorney for this, however. Your chances of success are greatly reduced if you handle this yourself. Also, there is no form for this sort of thing. You must prepare the content of the motion yourself. So again, retaining an attorney would be wise.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.

Customer: replied 8 months ago.
The attorney who held my divorce case is asking $3500 for child support modification, that I cannot afford at this moment. Based on AZ Child Support guidlines my ex should be paying lot more, because his income increased significantly since Decree was finalized 5 years ago. I wanted to file modification of child support awhile ago, but didn't know how much he makes. Now I know, and for his attorney asking to cut child support in half seem ridiculous. My 2015 tax return indicates $36,000 earned income, and his $238,000
Expert:  TJ, Esq. replied 8 months ago.

Hi again.

It certainly sounds like a mistake was made, and that there is reason to modify the current order. I'm sorry that you cannot afford an attorney since this will be difficult to handle on your own. Perhaps if you shop around, you can find an attorney willing to handle this for less, or who is willing to accept a payment plan.

Expert:  TJ, Esq. replied 8 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

Customer: replied 8 months ago.
your advice was very helpful! I requested a hearing today. Thank you!
Expert:  TJ, Esq. replied 8 months ago.

I'm glad that I was able to help! :)