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Where can I find and print a free motion to modify child support form?Depends on where you are. In California, you can download the form (A Request for Order and Income and Expense Declaration) at www.saccourt.ca.gov. Other places probably have similar web sites. I would do a search for the court web site for your jurisdiction and see if they have forms available on the site.
I went to court on a motion to modify custody and child support in January. Still no ruling. What is wrong with the court system that it costs so much and takes so long?I believe the biggest culprit is the ridiculously high volume of cases. The divorce rate is pretty high in this country so there is a lot of cases to work through. Also, since America incarcerates an obscene amount of people, the courts in general are backlogged. Another factor may be that the other attorney is getting it continued as long as possible to try to wear you down. That is a real legal tactic by the way. I have been waiting for several months on a payment modification hearing and was set to go to court last week. Literally the day before I was supposed to be in court my ex-wife’s attorney got it continued. It is very frustrating. The justice system in this country is in desperate need of a major overhaul across the board. That will be a very long slow process though.
I am filing for a divorce, and I don't want child support from my wife. Is there a form to fill out?You need to sek an answer from your attorney. Social media is not the appropriate place to ask this question.
What does a state deferred execution mean? I'm due in family court for me being on child support and that's what I have to go for.A-to-A.After looking at the question comments and the edits of the original question poster, it appears this refers to Louisiana.¹A bit of Googling suggests that “state deferred execution” is what might be called a “suspended sentence” in some other states. Cf. La. C.Cr.P. Art. 894. However, the exact term doesn’t appear in the Google results.Support enforcement is usually done by a proceeding in the nature of a civil contempt hearing.² The court can, if it is satisfied that the obligor hasn’t made an honest effort to pay the order, find them in contempt and one of the remedies is a jail term.³ However, sometimes the case will be “continued” instead of the court finding contempt. A continuance is often accompanied by “reporting order” (the obligor will be directed to look for work and to report those efforts to the court).Without knowing anything about the predilections of the judge who will be deciding the case, or about the case itself, I can’t suggest much more detail, sorry.Notes:¹ OP also posted this question: Would it be safe to go to a state deferred execution in Louisiana for a child support enforcement hearing for myself without the worry of going to jail? which I presume applies to the same general situation.² John Gragson's answer to Why, when fathers or mothers fall way behind on child support, are they put in jail? All that does is lose their job, vehicle and the support money really won't be received then. Isn't there a better way?; John Gragson's answer to What legal steps does a father need to take when losing his job and can't pay child support?³ John Gragson's answer to What happens when someone refuses to pay child support?
How can the family court system expect dads to pay their child support arrears when they are incarcerated for these arrears?In order for a person ordered to pay child support (the “support obligor” or “obligor”) to be convicted in California of contempt of court for failure to pay child support and thereby become subject to a possible jail sentence, the person entitled to receive the child support (the “support obligee” or “obligee”) must prove (i) that there was a valid order for child support, (ii) the obligor knew there was an order, and (iii) the obligor willfully failed to pay the court-ordered support. These elements must be proven beyond a reasonable doubt.In California the inability to pay the ordered support is a defense to a contempt of court proceeding. The obligor has the burden of proving inability to pay. The burden of proof for this defense is just preponderance of the evidence. In American football lingo, it’s just getting your evidence past the 50 yard line.The duty to support one’s child is by California law a parent’s “first and principal obligation.” That means if you’re choosing to pay other bills or spend your money on other things before you pay your court-ordered child support, the defense will likely fail.In real life a lot of people know that failure to pay most bills produces terrible results immediately. Don’t pay your phone bill and your phone gets turned off. Don’t make your car payment and your car will get repossessed. Don’t pay your rent and you’ll get evicted. Don’t pay your child support and nothing happens for a long time, if ever. But if someone does choose to enforce a child support order by contempt, those choices to pay other bills and living costs will undermine your defense to a contempt action.There is still one more real life problem. In my county there’s often no room in the local jail for everyone who is arrested or convicted, so the sheriff often won’t actually incarcerate someone convicted of contempt and sentenced to 5, 10, 20 days or even more. The convicted person shows up to surrender and is cut loose by the sheriff, often without even being booked. Contempt has its place in enforcing court orders, but it should usually be the last choice of enforcement remedy, not the first.As usual, this answer discusses California law. The law of other states or nations may vary.
How can you get your family doctor to fill out a disability form?Definitely ask for a psychologist referral! You want someone on your side who can understand your issues and be willing and eager to advocate for you with the beancounters because disability can be rather hard to get some places, like just south of the border in America.Having a psychologist means you have a more qualified specialist filling out your signNows (which is a positive for you and for the government), and it means you can be seeing someone who can get to know your issues in greater depth and expertise for further government and non-profit organization provided aid.If seeing a psychologist on a regular basis is still too difficult for you, start with your initial appointment and then perhaps build up a rapport with a good therapist through distanced appointments (like via telephone, if that is easier) until you can be going into a physical office. It would probably look good on the form if your psychologist can truthfully state that you are currently seeking regular treatment for your disorders because of how serious and debilitating they are.I don't know how disability in Canada works, but I have gone through the process in the US, and specifically for anxiety and depression, like you. Don't settle for a reluctant or wishywashy doctor or psychologist, especially when it comes to obtaining the resources for basic survival. I also advise doing some internet searches on how to persuasively file for disability in Canada. Be prepared to fight for your case through an appeal, if it should come to that, and understand the requirements and processes involved in applying for disability by reading government literature and reviewing success stories on discussion websites.
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People also ask
What is a modification hearing?A modification hearing is an attempt by the moving party to change something about the current order. The standard is usually that there needs to be a material change of circumstances.
What happens at a child support modification hearing?Purpose of a Child Support Modification Hearing Life events that may require a modification hearing include a change in jobs or marital status, and financial hardship, incarceration or serious injury. Child support payments can be increased or decreased only by order of a judge.
How do I get my child support modified?Fill out your court forms. ... Have your forms reviewed. ... Make at least 2 copies of all your forms. ... File your forms with the court clerk. ... Get your court date. ... Serve your signNows on the other parent (and the LCSA if involved) ... File your proof of service.
Can child support be modified without going to court?It is possible to have your child support order modified without having to go to court--but only in very limited circumstances. Some judges include a Cost of Living Adjustment (COLA) clause in all of the child support orders they issue.
How can I get my child support reduced?Gather evidence of changes in circumstances. ... File a Petition to Modify Child Support. ... Argue that you are paying \u201cextras.\u201d ... Identify a change in financial circumstances. ... Submit a joint request to the court.