What Documents Must Be Filed To Get A Child Support Modification?
There are multiple documents necessary for a child support modification that relate to the retroactivity of child support. You will file a Motion to Modify Child Support with the Court and that could take 3 or 4 months to be heard. The question becomes what should be done with that period of time from when the motion was filed until the hearing officer or District Court judge hears the motion. If it is an increase and you are the one receiving it, you want it retroactive to when you file the motion. In order to do that, you have to file along with your Motion to Modify, a Proposed Child Support Worksheet and a Domestic Relations Affidavit. A short Domestic Relations Affidavit form is used when you are dealing only with child support. This form lays out what your income is, your monthly expenses, what you are paying for health insurance and other basic information. It is a sworn to affidavit and needs to be signed by you. Until you have those 3 documents filed; a Motion to Modify Child Support, in compliance with the state statute, a Domestic Relations Affidavit, and a Child Support Worksheet, it cannot be retroactive. When filling out the Child Support Worksheet, you may have to make a reasonable guess as to what the other party is earning or how much their health insurance premiums are, for example. You will need to do this so that you can get those three documents filed with the Court. Otherwise there is no way that the Order that eventually gets entered will be retroactive.
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