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.
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