Q: Can I still get a modification hearing for a current child support order even if the other party refuse to come to court
I had to serve him restricted certified mail but he lies saying he's not home and won't sign
A: So long as the court accepts that he has been properly served, the court can meter an order modifying support; however, child support is determined based on the incomes of the parties, as well as health insurance and daycare costs, and the burden of proving those dollar amounts is on the party seeking modification. If you do not get admissible evidence proving what he earns, the court may not be able to calculate a new child support amount.
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