Can I request an evaluation of my child support?

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Can I request an evaluation of my child support?

My ex chooses not to work because she is remarried to a man who makes a great living, received a substantial settlement in the death of a family member, and I pay her enough money to keep up her lavish lifestyle. I’m struggling to support my own family and she’s living large. My daughter’s needs are more than met and she would not suffer one bit with a reduction. I can’t afford another round in court with her. I pay $750 for one child at 40% custody and pay about $3000 in travel expenses a year to maintain long distance custody due to my military transfer. I’ve also had another child since the last eval.

Asked on November 21, 2012 under Family Law, Louisiana

Answers:

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

Answered 8 years ago | Contributor

You can request a modification of child support.  Changed circumstances such as a change in income are grounds for a modification of child support.

You can file an Order to Show Cause (court form) requesting a modifcation of child support.  With your Order to Show Cause, file a supporting declaration signed under penalty of perjury stating the facts in support of your request for a modification of child support.  File a proof of service with these documents which are filed with the court.  You can serve your ex by mail with a copy of the documents.  When you file an Order to Show Cause, the court will schedule a hearing on this issue of a modification of child support.  Your costs should be nominal if you are representing yourself at the hearing.

As mentioned above, serve your ex by mail with a copy of the documents you have filed with the court (Order to Show Cause, supporting declaration and proof of service).  The proof of service verifies the date of mailing your documents to your ex.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are at least eighteen years of age 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 should be the same as the date of mailing and the same date you file your documents with the court.

Check with the court clerk to inquire if other documents are needed as the required documents may vary from state to state.


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