If my oldest is 18 and graduated from high school, how do I reduce child support?

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If my oldest is 18 and graduated from high school, how do I reduce child support?

I have always paid my child support in full and on time without having it deducted by the county. I call the county to ask about child support and they won’t answer any questions because I don’t have a case number with them. I was finally directed to the county attorneys office.They informed me that I had to file paperwork and set a court date so a judge could review the support and make a new ruling. This is a $500 process. Is this for real or am I being jacked because I’ve been paying on my own and haven’t established a case number with the child support office?

Asked on August 6, 2012 under Family Law, Minnesota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The information you were given is accurate; however, I don't know if the fee you were quoted is accurate since that would vary from state to state.  You said you don't have a case number.  What about the case number when your divorce was originally filed?

Even if you have a case number, you will still need to file documents requesting a modification of child support.  The documents may vary from state to state, but generally you would need to file an Order to Show Cause (court form in which you request a modification of child support) and a declaration signed under penalty of perjury in which you state the facta supporting your request for modification of child support.  When you file the Order to Show Cause with your declaration, the court schedules a date for a hearing.  You will need to file your documents with a proof of service.  The proof of service verifies the date of mailing your documents to your ex.  You can use a court form proof of service or you can write your own.  If you write your own, it just says that you are over eighteen and the attached documents were sent via first class mail unless stated otherwise to ___________ (name and address of your ex) on ___________ (date).  You sign and date at the bottom.  The date you sign the proof of service should be the same as the date of mailing and the same date you file your documents with the court.

If you can't afford the filing fees, you can file a court form requesting a waiver of the filing fees.  You will have to disclose financial information in order to obtain a waiver of the filing fee.


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