Application to vary child support

[ele110]

I have been seeking an increase in child support due to change of residence (kids now living with me versus 50/50 before). Regretfully, direct negotiation has been unsuccessful, mediation was refused, lawyer's attempts ignored. So I am now considering court and would self represent.
I would be interested to hear from anyone who has gone through that process and who would like to share. How long does it take? How stressful is it? Any tips?

[Qrious]

Do you have Xs most recent income information (NOA), ele?

Also - was the change in custody/access (Motion to Change) already filed?

I think the time and stress involved depend on your ability to work this out with X without going to court. Sounds like X is uncooperative already. It could be a little tough.

[ele110]

Hi Qrious, yes, I have income information. No, the change in custody was not filed. The custody agreement was negotiated out of court. X is uncooperative even I am ready to accept half of the table amount.

[Canadaguy]

It is a long slow process that takes about a year. Important thing is to get the ball rolling and continue to press.

Documentation is fairly simple if you are knowlegable with MSword and processes.

FLIC provides free services if you have the time to meet them every week day at 8AM.

Best to call your lawyer in for the trial phase, do all the paperwork and communications and filings yourself to save huge costs in lawyers fees.

[ele110]

Thanks Canadaguy. I will definitely go to the FLIC. I can probably handle the paperwork, communication, and filing. I am even wondering if I need a lawyer in what seems like a pretty straightforward situation.

[Qrious]

Hi Qrious, yes, I have income information. No, the change in custody was not filed. The custody agreement was negotiated out of court. X is uncooperative even I am ready to accept half of the table amount.

Good. Is the new arrangement in a signed agreement? If not, I think you might be best to get the new agreement into a proper agreement or order first, then motion to change the child support.

I don't think there's any reason you'd need to negotiate half of table, in fact, I think you're not really "allowed" to. (I've only recently found this out myself. I agreed to a lesser amount on our original SA, but am trying to change it now).

I totally understand uncooperative. I wish you peace and good luck.

[Qrious]

I am even wondering if I need a lawyer in what seems like a pretty straightforward situation.

I thought so too.... So far, not so straight forward. My X is being very uncooperative (sound familiar) and didn't even respond to my Motion to Change (except to send me a Nastygram - love this term). He didn't show up to the first scheduled court appearance, but asked duty council to speak on his behalf and ask for an adjournment. He got it. He's stalling and getting away with it.

[ele110]

I hope you get this resolved and get retroactive!

[ele110]

Thank Qrious. Looks like we have divorced the same man! I am going to take time off work just to go to that court and get familiar with the process. I am hoping that once I initiate the process, he will come around and accept to negotiate a mutually acceptable amount.
I wish you luck with your case.

[SadAndTired]

I am going to take time off work just to go to that court and get familiar with the process. I am hoping that once I initiate the process, he will come around and accept to negotiate a mutually acceptable amount.

Please know I mean this gently but if you need more child support, then you shouldn't be missing work. Much of the research can be done right from your computer. Family court typically doesn't allow people to observe the process.

Also, child support is a formula based on Table Guidelines and is a right of your children. There shouldn't be a "mutually acceptable" amount. If the children live with you more than 60% of the time, you take his last year's income and put it into the calculator. That is what he should pay.

[Mess]

Hi Qrious, yes, I have income information. No, the change in custody was not filed. The custody agreement was negotiated out of court. X is uncooperative even I am ready to accept half of the table amount.

Was the change in custody put into a proper agreement that was signed off by each of your lawyers? If so, you can just take it to the court and register it, and it becomes a court order.

If it was just signed between the two of you, then you have to file a motion to change and have the custody order changed. You can file the change for child support at the same time. You will need to have a process server serve your ex, it has to be "special service" and since your ex is being unco-operative there won't be any shortcuts. If he ducks the server, the server can swear an affidavit.

The duty counsel and the clerks at the courthouse counter, as well as FLIC will be very helpful.

I strongly disagree with Sadandtired. If you don't deal with this, no one else will. Taking a day off work will be a fraction of the cost of a lawyer. Just make sure to get there at 8am, the FLIC generally has a lineup.

[ele110]

Thanks for your advice, SadAndTired. By that, I simply mean visiting the advice lawyer and figuring out what forms I need and so on. I understand there are line ups and wait time.

[ele110]

Thanks for your advice, Mess. No the change is de facto but has not been put in an agreement or signed off by lawyers. The Ex is uncooperative, so this will not happen. The kids hardly go there anymore.