What necessary steps do I need to take to modify custody and establish child support from my original divorce settlement?

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What necessary steps do I need to take to modify custody and establish child support from my original divorce settlement?

Asked on September 7, 2012 under Family Law, Michigan

Answers:

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

Answered 11 years ago | Contributor

You will need to file an Order to Show Cause (court form) requesting a modification of custody and child support.  With your Order to Show Cause, you should file a declaration signed under penalty of perjury stating the facts supporting your request for modification of custody and child support.  The court will consider what is in the best interests of the child with regard to these issues.  The court will also consider changed circumstances such as a change in income regarding the amount of child support to be paid.

File your Order to Show Cause and supporting declaration with a proof of service with the court.  When the Order to Show Cause is filed, the court will schedule a hearing on these issues.  Serve a copy of your documents by mail on your ex.  The proof of service verifies the date of mailing.  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 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 should be the same as the date of mailing and the same date you file your documents with the court.  Before filing your documents, check with the court clerk to see if any other documents are required, as the required documents may vary from state to state.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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