PATERNITY
Can I Get An Increase In My Child Support?
A woman came into my office recently wanting to know if she could get an increase in child support. She and her former husband had been divorced for three years. She didn’t know if her husband earned more money or not, but he was still employed by the same company. She, on the other hand, had changed careers and was making more money than she had been at the time of the divorce. She wanted to know if there was a way to find out how much her former husband was making without taking him to court and running the risk of having child support reduced.
There is a very simple procedure available post judgment. There is a form, available through the clerk’s office, entitled “Request for Production of an Income and Expense Declaration After Judgment.” Any time after the entry of a judgment of dissolution of marriage or legal separation or determination of paternity, that provides for payment of support, either party may serve the other with this request. It requires the other party to fill out an updated income and expense declaration, attach pay stubs and income tax returns.
If the party served with the request does not respond within 35 days of service, then the requesting party can request that the other party’s employer provide the income and benefit information.
By obtaining this information in advance, a determination can be made regarding what to expect with regard to modification of child support and whether or not a modification of support is likely to occur.
Additionally, if the parties agree, there is another form available through the clerk’s office entitled “Stipulation to Establish or Modify Child Support and Order.” Once the stipulation is signed by the parties and the Judge, the new support order is then in effect.
Now, this is all simple, if everyone agrees. However, what do you do if everyone doesn’t agree? Call an attorney!
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When my case was passed onto Pam to take over after a previous associate left the company I was nervous. We met for the first time at the court house, heading into court to set trial dates.
We had a break before coming back in and grabbed a bite to eat. I was able to speak with her freely, as if she were a friend. (A very expensive friend haha)
She was easy to talk to and it was clear that she was passionate about her work and that made me feel like more than just a paycheck.
The results of the custody battle were in my favor, thanks to her.Thank you for your compassion Pam.
My husband and I reached out to Pam for custody and child support dispute for my 5 year old step son almost a year ago. These situations are never easy but having a knowledgeable attorney made a world of difference. We worked with Pam and her para-legal Evelyn and we couldn’t be happier with end result. I would highly recommend Pam and her team if you’re looking for someone to look out for your and your child’s best interest.
I am grateful for Pam Swift and her staff! They were supportive and understanding during my time of need. Unfortunately due to my cases particular circumstances, it took years to handle. But in the end, her services blessed us with freedom from one of the most traumatic times of our lives.
OUTSTANDING Attorney. Took care of business, went on the offensive and balanced the scales. Very much appreciate Pamela’s care and understanding of my situation. Could not be happier with the results!
Pamela Edwards-Swift was a life saver when I had to take my ex back to court to gain primary custody of my daughter. Throughout the entire process, Ms. Swift clearly explained the process, set very clear expectations with me regarding each phase of the court proceedings, made solid recommendations to me which helped me decide on the best overall situation for my daughter. Our custody battle took just over one year, and what impressed me most about Ms. Swift is the results we got happened exactly as she said it would! I highly recommend Ms. Swift!
Pam and her team exceeded my expectations. I’ve never had to higher a lawyer before and I met with a few before her. I felt comfortable, reassured and that she had not only mine but my daughters best interest for my case. I highly recommend her. She has years of experience in all types of family law cases.
I have known Pam Swift professionally for the last ten years. She is professional, knowledgeable, cares about ther clients and looks for amicable ways of handling very tough situations. I highly recommend her.
I found Ms Swift to be a top notch attorney who has both experience and integrity. My estate attorney referred me to her because she had worked with her on a number of cases and was impressed with her ethical skills and personable style. I have nothing but praise for the way she and her team, especially her paralegal, Evelyn, handled my divorce. My case was somewhat complex and yet they doggedly worked their way through it always looking out for my best interests with a positive attitude. She and her staff easily have my 5 star vote!
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