I have 20 days to write a response to a child support modification lawsuit, but the instructions provided in paperwork are vague. They don't clearly state what format or forms to use. I currently reside in Oregon, and cannot afford an attorney unfortunately. Also, what are my chances of getting child support reduced since my daughter lives with the grandmother, and not my ex wife? Yet I'm still paying child support for both my son and daughter to my ex wife. I'm pretty sure my child support may increase considering I no longer live in the same state as my kids, but my ex wife moved out of state first, and never gave me an option or asked if I was ok with that. My ex wife just packed up and left, and now trying to get me for not doing 50/50 custody which was on original divorce agreement.
You've asked a lot of questions. First, regarding the petition for modification - admit what is true, deny what is false and if you have no knowledge about an allegation, say exactly that. Second, without seeing the original agreement or court order regarding timesharing, there is no way to give you answers regarding the balance of your inquiry. Third, if the child living with the grandmother, then child support should go to her. Last, if you work, you can afford a lawyer.
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
You have raised a number of legal issues that are more complex than your typical DIY modification using forms. It is usually much cheeper in the long run to hire and attorney and do it right, than to attempt to undo what has been done wrong. The later is much more expenses.
You can use the "Find a Lawyer" tab on the website to locate qualified family lawyers in your area. Most will work with you regarding payments. Please let us know if these answers are helpful by hitting the helpful button. Good luck.
I agree with the answer from Mr. Miller. Your child support is not reduced because the child lives with a grandmother. However, it should be paid to the grandmother, not the mother (and any court order needs to state that). The mother should have to make payments to the grandmother as well. In general, your child support is not higher simply because you live in another state (although it would be lower if you spend more nights with the child).
All 3 attorneys have provided excellent analysis of your question. I would underscore the importance of retaining an attorney. It's not responsible to speculate about any given result that you might achieve. Proper analysis of your legal issues starts with having the existing order(s) reviewed by an experienced family law attorney. It's not possible for you to have such a review performed within this forum. Many people do not think that they can afford an attorney. As it was pointed out by counsel, if you work, you can afford an attorney. I think that the question you should ask yourself is: Can you afford to not have an attorney? Good luck.
