During your divorce, the family finances will be examined. The judge makes a decision on how much money the noncustodial parent would have to pay to provide for their children. You may even hire a modification and enforcement attorney to help.
However, life has a way of changing. What if either or both of the parents lose their jobs? Maybe the amount of money a parent earns has been reduced or what if it has been raised?
There are other reasons a change may be requested. One of the children may have gotten seriously ill. Medical treatments, medications, therapy, and a host of other things are needed.
Other reasons include:
• A parent has had a child with a new relationship
• The noncustodial parent went to jail or prison
• There is a change in the amount of time the children spend with one of the parents.
How To Begin
Your child support lawyer is the best place to start. He or she will know what is required, and how it should be presented.
Fill Out The Forms
The request for order – form FL-300 (if you need help click here)
Income and Expense declaration – form FL-150
In some cases, you can use a financial statement – form FL-155
Click the link to see if you qualify
Even if you are going to try to do this on your own, it would serve you well to let an attorney review the forms. If they are not filled out correctly, they will be rejected, and you will have to begin again.
The originals of all your forms will be filed at the courthouse. Be sure you make 2 photocopies of the forms. One copy you will give to your ex-spouse, and the other copy you will keep for your records.
File Your Forms
Once your forms have been filled out and reviewed, you are ready to file them with the county clerk. There will be a fee for filing the forms. If you cannot afford to pay a fee, you can ask for a “fee waiver.”
The county clerk will give you a court date. They will write it on your form FL-300. You will need a person who is 18 or older to serve the papers. You will serve them with:
• The copy of your forms that you made for them
• A blank “Responsive Declaration To Request Order” form FL-320
• A blank “Income and Expense Declaration” form FL-150
Your server will fill out a “Proof of Personal Service” form FL-330 if they served them in person. If they served them via mail, they will fill out a “Proof of Service by mail” form FL-335. Your proof of service forms is very important. You may want your attorney to look them over to ensure they are correctly filled out.
Go to your court hearing. The judge will rule on the child support request. He or she may also rule on the spouse helping pay for medical issues.
Once the order is complete, you (and your ex) will fill out a new Child Support Court Registry Form number FL-191, which is held by the state.
In some counties, the clerk or staff fill out the Findings and Orders. In other counties, you have to fill it out. It is formed FL-191. The same holds true for the order that the judge will or will not sign. If it falls on you, you will file form FL 340.
For more information, speak to our child support attorneys today.