Q: Can I File A Motion For Modification On My Child Support Order without a Lawyer?
On August 2021 I Got served for Child Support. I then missed all the mail that was sent to my home because I Had Moved Out for a few months for personal reasons. So without being aware , its turns out they had sent mail for me to apear in court On Dec 22nd for the 1st hearing . I was completely unaware if this hearing and missed the court date . As a result of my missing court date they automatically set an order for me to pay $819 monthly at minimum wage income & included that i pay the months back leading to August. So they want me to pay $819 monthly and $4,000 upfront . The only step forward is to file for a morion of modification, My Question is should i fill it out myself and notify the court that i was unaware of this scheduled court date for a new agreement? Or is it crucial that i hire an attorney and allow them to do The Motion Of Modification? Thank you in advanced.
A: Please discuss your case with an attorney. A modification may be retroactive at most, however, to the date of service of the notice of motion or order to show cause. There are neither equitable nor statutory grounds to modify child support before the date of filing of the motion, and the court may not forgive accrued child support arrearages on the basis of a motion to modify.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
