Should I appear before a Judge to have my child support adjusted, if that’s even possible?

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Should I appear before a Judge to have my child support adjusted, if that’s even possible?

Facts : I take home $346 a week. Health insurance is $40 and child support is $109. I’m left with $229 a week. Now I was asked to appear for child support at our local office 8 months ago. I lived with parents and had no finacial responsibilities. As of 4 months ago, my financial situation changed dramatically with the $625 rent bill for my apartment. Should i go to court to have my support adjusted or continue to live off $70 a week?

Asked on July 31, 2012 under Family Law, New Hampshire

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Changed circumstances such as a change in income is a ground for requesting a modification of child support.  The court forms you will need to file to request a modification of child support vary from state to state and you should check with the court clerk to be certain you have all the correct forms.  Generally, you will need to file an Order to Show Cause and a supporting declaration.  You should also file a current income and expense declaration. When you file the Order to Show Cause, the court will schedule a hearing on your request for a modification of child support.  Your supporting declaration states the facts and reasons supporting your request for a modification of child support.  You will also file these documents with a proof of service.  The proof of service verifies the date of mailing your documents to your ex.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are over eighteen and the attached documents were sent via first class mail unless stated otherwise to ____________ (name and address of your ex) on ____________ (date).  You sign and date at the bottom.  The date you sign the proof of service should be the same as the date of mailing and the same date you file your documents with the court.


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