Re: child support

What needs to be done is a Petition to Modify needs to filed stating the simple facts of the situation,

along with a signed Agreement, Answer and Waiver, Statement of NonRepresented

Defendant/Plaintiff (use original heading from divorce), and the various Child Support Forms, plus

a proposed Order. This is assuming the ex-wife will agree and sign the necessary paperwork.

The Judge should grant your request, there is one sticky point though, most Judges will require the

Mother to now pay child support to the father. While it can be waived, there must be a satisfactory

explanation submitted to the Judge, and generally agreement between the parties and/or simple

hardship won’t do.

If the child has been living with you for 5 years and you can prove it (school records, testimony, etc.)

my advice is to go ahead and file a Petition to Modify and go for it, including both custody and child

support. If you submit a Motion for temporary custody with supporting Affidavits along with it

there should be nothing the ex-wife can do. The ex-wife should not be receiving child support and

your husband should. The fee quoted you seems excessive for what should be a fairly simple matter.

We would normally, based upon what you are saying, charge substantially less than that as this

should take beneath 5 and 7 hours of attorney time plus court costs to resolve. I understand your

reluctance in doing this, but custody and support remains with the Ex-wife until you change it and

generally I do not believe you wish to have the threat of a custody dispute hanging over your head

and the continued financial hardship that this is causing you.

If we can be of assistance, please feel free to contact us at Forrester & Associates 256-435-1007.