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in 2009 mother of my son filed for child support . was granted $662 a month. case #XXXXX in 2010 case#2 took her to court for visitation & to lower child support. child support was lowered to $500 a month. have been paying original amount $662 since new case order was granted in 2011. need help to get cases together for proper money amounts . i believe i am owed a huge refund
Normally, to modify child support, the parent would file the request in the original case, not in a separate case. So, why is it two separate cases? Thank you.
first case child support only. when she wouldnt let me see my son i filed second case to get visitation and to lower support when i filed told about previous case now trying to get them consolidated together. how can i file a motion to get this going with both cases to be consolidated into one
You can file a motion to consolidate in the DOR action. The motion would state that there is another action that addresses the same issue (child support) while also addressing other issues (custody, time-sharing, etcetera). The motion would also state that the interests of judicial economy would be best served by consolidating the cases.
I've handled somewhere around twenty cases such as this and the motion has always been granted. My expectation is that your motion would be granted as well and the DOR action will be consolidated with the original action, thereby resolving your child support issue.
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is there a certain form i need to make this happen your help is greatly appreciated very much
Some clerks of court keep standard forms for a variety of issues, check with your local clerk of court to see if they have such a form. If not, you'll need to draft it yourself. However, it won't be terribly difficult as it merely needs to detail the issues I listed above.