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28 Nov. 2013

What You Need To Consider Before Pursuing A Support Modification

Posted By The Buncher Law Corporation

UK tax return 2013

Clients often ask about pursuing child and spousal support modifications. However, there are a few things to consider before filing a Request for Order with the court.

First, you need to have a firm grasp of what the other party is earning. The best way to obtain information regarding income is to serve Family Law Form 396 on the other party by certified mail. This form, entitled "Request for Production of an Income and Expense Declaration After Judgment," enables a client to obtain an Income and Expense Declaration and recent State and Federal tax returns from their ex-spouse.

Only after you have recent earnings information can you determine with counsel whether a Request for Order regarding modification of support is feasible and — most importantly — advisable. To pursue a modification without first evaluating the earnings of both parties can leave you exposed in court to an order that is the exact opposite of what you're seeking.

Family Law Form 396 can be served once a year, after judgment. This procedure allows you to keep tabs on what your ex-spouse is earning and will allow you to continually reconsider whether a modification should be pursued.

As a first step in your inquiry, consider allowing an attorney to evaluate your Judgment of Dissolution and your current earnings to determine whether a modification may be justified. Sven Buncher, Senior Partner at The Buncher Law Corporation is available for a free consultation. Contact us to get started.

Categories: Family Law, Child Custody
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