How can I get a court date to review the amount of child support garnished from my pay?

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How can I get a court date to review the amount of child support garnished from my pay?

Right now they are taking 50% of my gross pay and tax returns, that’s like 65%. I can’t live off of $700 a month.

Asked on November 20, 2012 under Family Law, Idaho

Answers:

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

Answered 9 years ago | Contributor

To request a modification of child support, file an Order to Show Cause (court form), a supporting declaration signed under penalty of perjury which states the facts supporting your request for a modification of child support, and a proof of service.  File these documents with the court and serve a copy by mail on your ex.

When you file an Order to Show Cause, the court will schedule a hearing on the issue you have raised of a modification of child support.  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.

The required forms may vary from state to state.  Therefore, it would be advisable to check with the court clerk to inquire if any additional forms are required.


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