If I am filing papers to modify child support by myself,how do I get the amount raised and garnished?

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If I am filing papers to modify child support by myself,how do I get the amount raised and garnished?

I feel that $350 a month is not a fair amount for 2 children. I didn’t ask for any spousal support or anything else in the divorce. I am willing to give him credit for the money he has paid up until present. However, he is considering relocating and I have no guarantee that he will continue to pay after that. I want to modify the amount he is ordered to pay based on his income. He currently pays nothing else. The children have doctor bills, clothing costs, daycare and school costs, food costs, not to mention I pay for the car’s maintenence and insurance.

Asked on August 22, 2012 under Family Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a petition for modification of child support must be accompanied by an earnings and expense declaration by the petitioner and respondent to in kind along with other paper work. For the needed paper work for the petition you want, I suggest that you consult with a family law attorney to assist you and/or your local legal aid clinic if you cannot afford an attorney.

If the respondent fails to adhere to a court order for child support, then you file an order to show cause re contempt and the court makes a ruling on what is owed in arrears with an order to pay. If not paid, then you can levy on the respondent's bank accounts for what is owed or garnish wages.

 


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