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Modifications: Modifications: Child Support & AlimonyChild Support & Alimony
Melanie Brubaker, [email protected]
Jennifer Keaton, [email protected]
Child Support AmountsChild Support Amounts
Amounts are “Always” Based on Both Parents’ Incomes, Among Other Things
Can Child Support Can Child Support Amounts Change?Amounts Change?
After the first court order, yes they can. But, don’t celebrate/panic – there are rules, processes,
and more that must be addressed!
When Can Child Support When Can Child Support Amounts Change?Amounts Change?
The Two Year Rule.
Is there a “Substantial Change” (the court’s “substantial” not necessary a parent’s/step-parent’s “substantial”)
How Are Child Support How Are Child Support Amounts Change?Amounts Change?
Trivia Question One: Who can change a court order?(Yes, there are prizes.)
Child Support Child Support Arrearages?Arrearages?
Trivia Question Two: Can you “retroactively” modify the child support order to clear up missed payments?
(There are more prizes.)
Controlling Court Time Controlling Court Time for Modificationsfor Modifications
Reaching Agreements on Modifications for the Court’s Possible Approval via attorney
negotiated settlements, mediation, etc.
Modifications: Modifications: Words of AdviceWords of Advice
If you are doing better financially, your kids should be doing better whether officially (court ordered) or
unofficially (because you can).
If you are doing worse financially, communicate the issue quickly to avoid problems later and emotionally-charged
surprises.
Child Support Child Support Modifications: Questions?Modifications: Questions?
Child Support Calculator:https://cscalc.gaaoc.us
Modifications: Modifications: Child Support & AlimonyChild Support & Alimony
Melanie Brubaker, [email protected]
Jennifer Keaton, [email protected]
Alimony ModificationAlimony Modification
Typical Step Two:See an Attorney to Confirm Whether Alimony really, really is Non-Modifiable In Your Case.
Non-Payment of Non-Payment of Child Support & AlimonyChild Support & Alimony
Trivia Question Three: What is the legal process called for failing to follow a court’s order?
(Maybe there are still prizes.)
Contempt ProceedingsContempt Proceedings
Contempt Proceedings often go hand-in-hand with modification proceedings.
Contempt ProceedingsContempt Proceedings
How fast will I be able to get the unpaid funds in a Contempt Proceeding?
(And, what else can I get?)
Contempt ProceedingsContempt Proceedings
So, every modification or contempt action that is fully litigated has to go through
“discovery” and hearings?
Contempt ProceedingsContempt ProceedingsWhat can I do now to make payments easier?
• Income Withholding Order• Family Support Registry
• Children’s Checking Account/ACH Drafts
Mediation & Mediation & Legal CounselLegal Counsel
Courts move slowly. Litigation is expensive.
Families Can’t Wait..
Mediation & Mediation & Legal CounselLegal Counsel
At a mediation session or appointment, a mediator focuses everyone on solutions for the future with confidentiality.
Solutions today vs. prolonged fighting is motivating for many people. But, sometimes litigation is necessary.
Can I Mediate and Can I Mediate and Avoid the Lawyer?Avoid the Lawyer?
Use your lawyer wisely!
Mediation is a negotiation. If you don’t know the legal stakes, you may reject a
terrific deal or take a terrible one.