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Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 31
Experience:  Family Law litigator for over 35 years
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I filed a motion for modification of child support. I am

Customer Question

Hello,I filed a motion for modification of child support. I am representing myself and did not request mandatory disclosure or interrogatories. My motion was denied based off of testimony and financial affidavits. I filed a motion requesting to vacate their decision and allow me time to do my due diligence. It was denied. What can I do? I believe my ex husband has lied on his financial affidavits and he also owns his own business now which he did not include on his financial affidavit but admitted to in his testimony.
Submitted: 3 months ago.
Category: Family Law
Expert:  Sue replied 3 months ago.

Hello, I am a licensed family law attorney with over 35 years' experience. I am reviewing your question and working on an answer. I will get back to you right away.

Sue

Expert:  Sue replied 3 months ago.

Hello. I am here to help you today. This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

Can you still request mandatory disclosure or interrogatories on the claim that was denied?

If not, are there other ways for you to secure factual evidence showing your ex-husband lied on his financial affidavits, and what he is really earning?

Can you access any information about what his own business is netting?

There is a surprising amount of information available on the internet, sometimes for a fee, though.

If you cannot access the financial information you need, it may be best to wait 6 months or a year and file again, but this time using the methods available to secure financial disclosure. Because people's incomes change frequently, the courts are usually tolerant of subsequent filings regarding child support.

My suggestion is that in any future proceedings you explain briefly that you did not request mandatory disclosure or interrogatories the last time you filed; were representing yourself; you realize your mistake in not seeking disclosure; and you have reason to believe your ex-husband's income has changed significantly enough to impact the child support amount again. The reason for explaining this briefly is so the court can see you as an honest litigant who made a mistake, rather than a bothersome litigant who won't take no for an answer. Does that make sense?

I am happy to answer any further questions you have. Please reply to continue.

I hope I have given you excellent service today. Kindly chose a rating.

Best wishes,

Sue

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