Free THE STEPS - Wyoming

THE STEPS--MODIFICATION OF CHILD SUPPORT 1. Read all the instructions before completing forms to ensure that you qualify to seek modification of child support in Wyoming. YOU DON'T NEED TO FILL OUT EVERY FORM. ONLY FILL OUT THE FORMS THAT ARE REQUIRED FOR YOUR CASE. Reading these instructions will help you determine which forms you need.
a. This packet is to modify child support only. If you are modifying custody, visitation or parenting time with your children, a separate pro se packet is available.

2.

Sufficient change of circumstances to modify/adjust child support.
a. Time requirements. [Must fit one of the following three categories] 1. Twenty (20%) percent change in support amount/six (6) months. Any child support order that was entered more than six (6) months prior to the petition or which has not been adjusted within six (6) months from the date of filing of the petition may be reviewed and adjusted if the court finds that the support amount would change by twenty percent (20%) or more per month from the amount of the existing order. 2. Substantial change of circumstances. A modification based on a substantial change of circumstances may be brought at any time. The commencement of aid under the Personal Opportunities With Employment Responsibilities (POWER) Program, medical benefits under Title XIX of the Social Security Act, food stamps and supplemental security income (SSI) shall be considered a substantial change of circumstances requiring modification of child support. Other changes, including custody modifications, may also be sufficient. (If custody needs to be changed in a court order, please use the Modification of Child Custody Packet or seek the advice of an attorney). 3. Every three (3) years, upon request, the court shall review and, if appropriate, adjust the order in accordance with the guidelines established

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pursuant to this article. There is no need for a showing of a change of circumstances if it has been at least three years since the previous order.

3.

Complete the Petition for Modification of Child Support and Judgment for Arrears and Summons in a Civil Action
a. Make two (2) copies of each document. The original will be filed at the courthouse, one copy is for you (the petitioner) and the other copy is for the other parent (the respondent). You will need to repeat this step for all documents you file with the court.

** CONFIDENTIALITY OF ADDRESS OR OTHER IDENTIFYING INFORMATION: If you have concerns about your or your children's safety if your address or phone number is disclosed, you may want to contact an attorney for advice on potential options or how to obtain a court order allowing you to maintain confidentiality of your address or other identifying information. (See Wyo. Stat. §20-4-162 . b. Family Violence Option: If you decide to work through a Child Support Enforcement Agency instead, and you or your children are victims of domestic violence, request information regarding the Family Violence Option as a possible way to keep certain information confidential. c. Notarizing Signatures. You will need to sign the Petition for Modification of Child Support and have it notarized. Notary publics may administer the oath and witness your signature, or in many cases, clerks of court will be willing to administer the necessary oath. Each clerk's office has their own policy so check with them first before seeking notarization of your signature on the forms. Many banks and grocery stores have public rotaries available for a small fee.

Case Number: You need to use the same case number assigned to the original order. You must include that case number on all further paperwork in the "caption". The caption is the top section of a pleading, motion, or petition stating the name of the petitioner, respondent, court and identifying the case number.

4. Relevant Child Support Laws:
a. Recipients of certain public benefits. Those recipients of aid under the Personal Opportunities With Employment Responsibilities (POWER)
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Program who, as a condition of eligibility under federal law, are required to assign their rights to support to, and cooperate with, the department of family services in the establishment of parentage and the establishment, enforcement and modification of support obligations. If you or your children receive public benefits, contact your Department of Family Services Caseworker or local child support enforcement office as a modification of child support may have an impact on your benefits. Wyo. Stat. §20-6-105. b. Military Personnel: Military regulations specify that military duty will not be used as a basis for avoiding family support obligations, but setting the level of support is a civilian matter. It is most common to set the support obligation based on basic military pay. You can go to www.dfas.mil for updates on military pay and many other issues. If military pay and benefits are an issue in your child support case, you may want to contact an attorney for assistance. The following is also a helpful website: http://www.acf.hhs.gov/programs/cse/fct/militaryguide2000.htm#determi ne. c. Overtime compensation: Overtime compensation is not counted in the "net income" unless the court, after considering all overtime earnings derived in the preceding twenty-four (24) month period, determines the overtime earnings can reasonably be expected to continue on a consistent basis. d. Entry of income withholding order. An income withholding order (IWO) enables an employer to take child support out of the pay of the parent obligated to pay. The court always enters an IWO which takes effect immediately, unless the parties agree otherwise, or unless one (1) of the parties demonstrates, and the court finds, that there is good cause not to require immediate income withholding. When the parties agree to an alternative arrangement, the arrangement shall be in writing, signed by the parties and reviewed and entered in the record by the court. The court shall include in the record its findings of good cause, including a statement explaining why implementation of immediate income withholding would not be in the best interests of the child and, in cases involving modification of child support, proof of timely payments. e. Limits on amounts withheld: The total amount that can be withheld from any employee's paycheck is limited by the Consumer Credit Protection Act (CCPA). The limits provided in the CCPA are fifty percent (50%) of disposable earnings if the parent who pays child support has a second family and sixty percent (60%) if there is no second family. These limits are each increased by five percent (5%) if payments are in arrears for a period equal to twelve (12) weeks or more. See definition of disposable income in paragraph 4 below.
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f. Social security or veteran's benefits. If your children receive part of a parent's social security or veteran benefits, you might want to contact an attorney or legal services program for assistance with child support calculation. If a proportion of a support obligor's (person who is supposed to pay child support) social security or veteran's benefit is paid directly to the custodian (parent or guardian with custody of the children) of the obligor's children who are the subject of the child support order, the total amount of the social security or veteran's benefit, including the amounts paid to the obligor and custodian under the child support order, shall be counted as gross income to the obligor (count the amount the children receive as income to the parent who has to pay support). Figure out child support and subtract the amount of the social security or veteran's benefit sent directly to the custodial parent from the noncustodial (obligor's) parent's share of presumptive support. If the subtraction of the social security or veteran's benefit sent directly to the custodian results in a negative dollar amount, the support amount shall be set at zero. The child support obligation shall be offset by the amount of the social security or veteran's benefit sent directly to the custodian, beginning from the time the custodian began receiving the social security or veteran's benefit. Wyo. Stat. §20-2-304(e). g. When income withholding order becomes effective. An income withholding order which did not become effective immediately upon entry, becomes effective upon the earliest of the following: (i) the date the parent paying requests withholding commence; or (ii) child support becomes delinquent in payment of an amount equal to one (1) month's support obligation under the support order. h. Date new amount of child support begins. An order for child support is not subject to retroactive modification except: (i) Upon agreement of the parties; or (ii) The order may be modified with respect to any period during which a petition for modification is pending, but only from the date notice of that petition was served on the respondent. Wyo. Stat. §20-2-311(d). i. When the child support obligation ends. An on-going child support obligation terminates when the: (i) Parents marry or remarry each other (After the remarriage of the parents to each other, the court may eliminate all child support arrearage existing between the parents except those assigned to the state of Wyoming); (ii) Child dies; (iii) Child is legally emancipated; or (iv) Child attains the age of majority. (See "age of majority" definition below at Paragraph 4(h).)

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4.

Definitions
a. "Obligor" means a person who owes a duty of support for a child; b. "Payor" means any employer or other person who pays income to an obligor and who has or provides health care coverage to employees; c. "Arrearage" means past due child support, past due medical support, past due spousal support, attorneys fees, guardian ad litem fees, costs, interest and penalties, but, does not include property settlements. d. "Income" means any form of payment or return in money or in kind to an individual, regardless of source. Income includes, but is not limited to wages, earnings, salary, commission, compensation as an independent contractor, temporary total disability, permanent partial disability, permanent total disability, worker's compensation payments, unemployment compensation, disability, annuity and retirement benefits and any other payments made by any payor. e. The following is not income: Means tested sources of income such as Pell Grants, aid under the Personal Opportunities With Employment Responsibilities (POWER) Program, food stamps and Supplemental Security Income (SSI) shall not be considered as income. f. Net or Disposable income is the gross income minus total mandatory deductions. Mandatory deductions: federal income tax withheld, social security tax (FICA) withheld, state income tax withheld, and other deductions required by law, such as required disability contributions and/or required retirement contributions. The cost of dependant health care coverage for dependant children may be deducted too. g. "Imputed income can be used when either parent is voluntarily unemployed or underemployed. In such case the child support shall be computed based upon the potential earning capacity (imputed income) of the unemployed or underemployed parent. In making that determination the court shall consider: 1) Prior employment experience and history; 2) Educational level and whether additional education would make the parent more self-sufficient or significantly increase the parent's income; 3) The presence of children of the marriage in the parent's home and its impact on the earnings of that parent; 4) Availability of employment for which the parent is qualified; 5) Prevailing wage rates in the local area; 6) Special skills or training; and 7) Whether the parent is realistically able to earn imputed income.

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h. "Age of majority" means a person eighteen (18) years of age, except for purposes of child support obligations, a parent's legal obligation for the support of his or her children, whether natural or adopted, continues past the age of majority in cases where the children are: (i) mentally or physically disabled and thereby incapable of self support; or (ii) between the age of majority and twenty (20) years and attending high school or an equivalent program as full-time participants.

5.

Fill out a Confidential Financial Affidavit and attach all required documents (tax returns for previous two years and statement of earnings for the current year).
a. Confidential Financial Affidavits. Both parties are required to file a Confidential Financial Affidavit with the court with all the necessary supporting documentation. The other party can obtain a Confidential Financial Affidavit by purchasing a pro se packet from the clerk of district court's office or you may copy an affidavit for the other party before you fill it out. If either party fails to file a financial affidavit, the court may require the other party to demonstrate to the court, under oath, an imputed net monthly income for the party not filing. [See Affidavit of Imputed Income] 1) Necessary attachments. Financial affidavits of the parties shall be supported with documentation of both current and past earnings. Include copies of last two years' income tax returns and your most recent pay stub(s) to show how much you have made so far this year. Other suitable documentation of current earnings includes, but is not limited to, employer statements, or receipts and expenses if self-employed. Wyo. Stat. §20-2-308(b). 2) Both parents must fill out a Confidential Financial Affidavit in order to calculate the child support, otherwise, the court must hold a hearing or get other evidence regarding the income of the parties. If you have information regarding the other party's income for the previous two years, and you are unable to obtain a Confidential Financial Affidavit from that party, you may fill out an Affidavit of Imputed Income.

6.

Child Support Payments and Medical Expenses
a. The child support guidelines are presumed to be the correct amount and must be followed except in limited circumstances. Attach the Child Support Computation Form with your Confidential Financial Affidavit.

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b. Calculating Child Support. If you need assistance computing child support, you may call an attorney in your community or one of the Legal Services Organizations, including the clinics at the law school. You must have the net monthly income for both parties prior to calling. It is recommended that you hire an attorney to calculate child support or see if someone knowledgeable will assist you. Also, child support must be paid and cannot be waived. c. YOU CANNOT agree that no support will be paid. The statutes allow for a reduced amount of support when you agree on shared physical custody. d. Minimum amount of child support. Where the combined net monthly income of both parents is less than eight hundred and thirty three dollars ($833.00), the non-custodial parent has to pay twenty-five percent (25%) of his/her net income, but the minimum amount of child support a person has to pay can not be less than fifty dollars ($50.00) per month for each family unit in which there are children to whom the non-custodial parent owes a duty of support. e. Deviations of Child Support. There are NO DEVIATIONS from the presumed support allowed UNLESS the court CHOOSES to deviate from the set amount because the amount was unjust or inappropriate in the particular case. 1) In determining whether to deviate from the presumptive child support established by Wyo. Stat. §20-2-304, the court shall consider the following factors: (i) The age of the child; (ii) The cost of necessary child day care; (iii) Any special health care and educational needs of the child; (iv) The responsibility of either parent for the support of other children, whether court ordered or otherwise; (v) The value of services contributed by either parent; (vi) Any expenses reasonably related to the mother's pregnancy and confinement for that child, if the parents were never married or if the parents were divorced prior to the birth of the child; (vii) The cost of transportation of the child to and from visitation; (viii) The ability of either or both parents to furnish health, dental and vision insurance through employment benefits; (ix) The amount of time the child spends with each parent; (x) Any other necessary expenses for the benefit of the child; (xi) Whether or not either parent has violated any provision of the divorce decree, including visitation provisions, if deemed relevant by the court; and (xii) Other factors deemed relevant by the court.

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2) The Court must include the specific reasons for deviation in the Order. 3) YOU CAN NOT AGREE TO LESS THAN THE PRESUMED SUPPORT IF GOVERNMENT OR STATE BENEFITS (SUCH AS TITLE 19) ARE BEING PROVIDED ON BEHALF OF ANY CHILD. f. Complete an Income Withholding Order. This should be submitted with the Order for Modification of Support and Judgment for Arrears. g. Complete a Notice to Payor and ask the clerk what the policy is for postage and mailing. h. Medical support. The law requires that medical support for the child(ren) be included as part of any child support order. The court shall order either or both of the parents to provide medical support, if insurance can be obtained through an employer or other group carrier, or if it is otherwise reasonably available. This may include dental, optical or other health care needs for the child(ren). In addition, the court will order that any medical expenses not covered by insurance and any deductible amount on the required insurance coverage be paid by one or both parents. If both parents are ordered to pay for expenses not covered by insurance, the court will specify the proportion for which each parent is responsible (for example 50 percent to petitioner and 50 percent to respondent). Wyo. Stat. §20-2-401.

7.

File the forms with the District Court Clerk.
a. Where to file. Take your two (2) copies plus the original to the courthouse in the county in which the original action that you are seeking to modify was filed. b. File Stamp. The clerk will "file-stamp" the documents. This will be proof of the date you filed your Petition and other documents with the court. c. Pay the filing fee. Although the fee for filing a petition is currently $60.00 to $70.00, many district courts in the state have additional fees. These fees can change each year. Some counties do not accept personal checks. You will need to contact the Clerk of the District Court where you will be filing the Petition for Modification of Child Support and Judgment for Arrears to ask how much the fees are and to inquire as to what type of payment methods they accept.

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d. Asking the court to waive filing fees and costs of having pleadings served on the other party. If you financially qualify, you may ask the judge to allow you to file your Petition for Modification of Child Support and to waive the costs of having the sheriff serve the respondent with the paperwork by completing and filing an Affidavit of Indigency and Request for Waiver of Filing Fees and All Fees Associated Therewith together with the Order on Request for Waiver of Filing Fees and All Fees Associated Therewith. The judge will then make a determination about whether or not to grant your request. Again, procedures and policies vary from court to court so there is no guarantee that the judge will grant your request.

8.

After the papers are filed with the Clerk, have the respondent officially served by the County Sheriff or a process server.
a. Notice. You MUST give the respondent (a/k/a "the other party") official notice that you are seeking to modify child support. The respondent must receive a copy of the Petition for Modification of Child Support and Summons in a Civil Action and any documents filed with them (NOTE: this packet is best utilized in uncontested actions and if a temporary or emergency motion is necessary, you may want to contact an attorney for assistance) by a person authorized to serve the papers under Wyoming law. You may not serve the papers yourself unless the respondent signs an Acknowledgment and Acceptance of Service in front of a notary or clerk of court and files it with the clerk. b. Deadline to have respondent served. You will have ninety (90) days from the date you file your Petition for Modification of Child Support at the courthouse to make sure the respondent is served with the papers. If you fail to timely serve the other party, the lawsuit can (and in many district courts will) be dismissed for lack of progress. See Uniform Rules of District Courts, State of Wyoming, Rule 203. c. Methods to serve respondent. Choose ONLY ONE of the five methods to serve the opposing party.

Method #1 ­ Service by Wyoming Sheriff (Summons in a Civil Action). Wyoming Rules of Civil Procedure, Rule 4(c), states that "process may be served within the State of Wyoming, by the sheriff of the county where the service is made, or by the under sheriff or deputy." It is recommended to have the sheriff or deputy in the county where the respondent can be found serve him or her with the papers. There will be a separate service fee (usually $20.00 in Wyoming). You can contact the sheriff's department in the
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county where the respondent lives or can be found to determine the fee charged for the sheriff or deputy to serve the respondent. Service by out of state sheriff deputy. Contact the sheriff's department in the county where the respondent lives or can be found to determine the fee charged for the sheriff or deputy to serve the respondent. The sheriff's office will complete the last page of the Summons in a Civil Action and usually file the original with the clerk's office and send you a copy. If you receive a copy, call the clerk's office to ensure the original has been filed. If not, file the original with the clerk's office. Method #2 ­ Service by a Private Party (Summons in a Civil Action). In some counties and in some states, private parties are available to serve court papers for a fee. Wyoming Rules of Civil Procedure, Rule 4(c)(1) states that the person serving the Summons in a Civil Action must be of the age of majority and not a party to the action. Method #3 ­ Acknowledgement and Acceptance of Service. This form of service is appropriate if the other party will accept the papers and sign for them. You or the other party will need to completely fill out the Acknowledgement and Acceptance of Service. The other party must sign the document in front of a notary and file the original with the clerk of district court. If you and the respondent are in agreement, it is also a good idea to fill out the Order Modifying Child Support and for both you and the respondent to sign the document in front of a notary or, where available, the clerk of court for presentation to the judge. Method #4 ­ Service by Publication. There are additional fees for publication for this method. Before selecting this method of service, you must completely read and understand Wyoming Rules of Civil Procedure, Rule 4(e) & (f). Rule 4(e) states that service by publication is applicable "in suits for divorce, alimony, to affirm or declare a marriage void, or the modification of any decree therefor entered in such suit, when the respondent is a nonresident of the state, or the respondent's residence cannot be ascertained, or the respondent keeps concealed in order to avoid service of process." If you do not understand what is involved, see a lawyer. However, if you have read the rules and can demonstrate that you have made every effort to find the respondent's address, completely fill out Affidavit to Allow Service by Publication and Notice of Publication. (DO NOT sign where the clerk needs to sign). Before service of publication can be made, an Affidavit to Allow Service by Publication must be filed stating that service of Summons in a Civil Action cannot be made within this state, on the respondent to be served by publication, and stating the respondent's address, if known, or that the respondent's address is unknown.

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If the respondent's address is UNKNOWN and cannot be found, the affidavit must detail the efforts you made to obtain an address. If the other party's address is KNOWN, Wyoming Rules of Civil Procedure, Rule 4(f) states: In any case in which service by publication is made when the address of the respondent is known, it must be stated in the publication. Immediately after the first publication, the party making the service shall deliver to the clerk copies of the publication, and the clerk shall mail a copy to each respondent whose name and address is known by registered or certified mail and marked Restricted Delivery with return receipt requested, directed to the respondent's address listed, and make an entry thereof on the appearance docket [NOTE: you must supply the clerk with the envelope and proper postage ­ the envelope must be ready to mail with the necessary postal forms completed]. Contact the newspaper. After the clerk signs and files the publication notice, it is your responsibility to contact the appropriate newspaper and to arrange for the publication and pay the appropriate fees. An appropriate newspaper is one that has been regularly issued at least once each week for a period of fifty-two (52) consecutive weeks prior to the date of the first publication of notice or advertisements. It must have a paid circulation of at least five hundred (500) and each page must not be less than ten (10) inches by twelve and one-half inches in size. The newspaper must publish the notice once a week for four (4) consecutive weeks. Waiting period. The other party will have thirty (30) days from the date of the last publication date to file a written response to the child support modification action. After the thirty (30) day waiting period, fill out, sign and notarize Affidavit Following Service by Publication. This should be filed with the clerk of district court. If the other party fails to respond by that time limit, you may be able to obtain a modification by default. [See Step 6 below]. Method #5 ­ Service by Certified or Registered Mail. In all cases where service by publication can be made (see Method #4 above) or where a statute permits service outside this state, the petitioner may obtain service by registered or certified mail. Wyoming Rules of Civil Procedure, Rule 4(l) provides that "(u)pon the request of any party the clerk shall send by registered or certified mail a copy of the [petition] and Summons in a Civil Action addressed to the party to be served at the address given in the affidavit required under" Rule 4(f). The mail shall be sent marked "Restricted Delivery" requesting a return receipt signed by the addressee or the addressee's agent who has been specifically authorized in writing by a form acceptable to, and deposited with, the postal authorities. When such return receipt is received signed by the addressee or the addressee's agent the clerk shall file the same and enter a certificate in the cause showing the making of such service. Wyoming Rules of Civil Procedure, Rule 4(l).
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9. After the other party is served, wait the required waiting period.
You must wait the time limit for the other party to respond after service is completed. a. Waiting period if respondent is served in Wyoming. If the other party is served in Wyoming other than by publication, the other party will have twenty (20) days (starting the day after being served, or if served by publication, from the date of the last publication) to respond in writing and to file the response in the clerk's office. b. Waiting period if respondent is served out of state. If the other party was served out-of-state OR was served by publication, he/she will have thirty (30) days (starting the day after being served) to respond to the lawsuit. c. Computation of Time Limits. - In computing most time limits, unless otherwise stated, the day the petition is served shall not be included. The last day of the time period is included, unless it lands on a Saturday, a Sunday, or a legal holiday, or, if the courthouse is closed then the time limit will be on the very next day that the courthouse is open. If you have questions about time limits you should seek the advice of an attorney.

10. If the parties agree on all of the issues:
a. Agreement. Prepare the Order for Modification of Support and Judgment for Arrears. b. Other required forms: Confidential Financial Affidavits Confidential Statement for Child Support Order and Income Withholding Order Notice to Payor

c. Hearing. In some counties, a hearing is required before the Judge will sign the Order for Modification of Support and Judgment for Arrears. You request a hearing by completing the Motion to Set Hearing/Trial. If you have reached an agreement, check the box that states that the parties have entered into a Settlement Agreement. Indicate how much time you think it will take for you and the other party to present your evidence and write that in (usually 15-minutes if there is an agreement). The judge will not guide you through the hearing, tell you how to proceed or advise you on the law.
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d. Setting the hearing date. You will file the Order Setting Hearing with the clerk's office and they will fill in the hearing date and time and mail a copy to you and the other party. Remember to provide the clerk with self-addressed, stamped envelopes for you and the other party. At the hearing, you will need to inform the judge of the reasons you are seeking modification, the net monthly incomes of both parents, the proposed child support amount, whether it deviates from the child support guidelines and whether any of the children for whom support is owed are receiving means tested income (i.e. food stamps or Medicaid) and give the Order for Modification of Support and Judgment for Arrears with the appropriate number of copies to the Judge.

11. If the other party answers and you and the other party do not agree on all the issues:
a. Reply to Counterclaim. If the other party has filed a counterclaim or counter-petition, you will have a time limit (usually 20-days) to file a written response called a Reply to Counterclaim. A copy of your reply will also need to be sent to the other party or the attorney representing the other party and a certificate filed with the court showing what date the copy was put in the U.S. mail, first class with postage pre-paid and the exact name and address of the person it was mailed to. If you fail to respond in writing in the time allowed, a default judgment can be entered against you. b. Set a hearing/trial. Your case will have to be heard and decided by a judge at a trial unless an agreement is reached. It is strongly recommended that you hire an attorney to represent you at trial though you may represent yourself. If you represent yourself, you proceed at your own risk and will be expected to know the laws. See Motion to Set Hearing/Trial above. Check the "trial" box where it asks the type of hearing. Indicate how much time you think it will take for you and the other party to present your evidence and write that in. You also need to check whether or not you want a court reporter. If you request a court reporter, you will be responsible for paying the fees. You are again reminded that, if you choose to continue without an attorney, you are expected to know what to do and how to do it. The judge will not guide you through the trial/hearing, tell you how to proceed or advise you on the law. NOTE: The pro se packets are most beneficial when used for cases where the parties can reach an agreement or one of the parties defaults. If the matter looks as though it is going to require a hearing, you are strongly encouraged to find an attorney willing to help you. c. Order. Following the hearing, the judge will make a decision. If the judge instructs you, you must take that decision and type it into the Order
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Modifying Child Support and Judgment for Arrears incorporating the judge's decision.

12. If the other party fails to respond, file the default paperwork.
a. Default. After the required waiting period has expired, you may obtain what is referred to as a default judgment. b. Necessary forms: Application for Entry of Default Affidavit of Petitioner in Support of Default Affidavit Following Service by Publication Entry of Default. c. Default Order Modifying Child Support and Judgment for Arrears. In some counties, you can present the clerk a copy of the Order at the same time as the default paperwork is presented. MAKE SURE TO MARK DEFAULT ON THE ORDER. Confirm the proper procedure with the clerk of court's office. You must have the Order completely filled out, with the appropriate copies made. Also provide the clerk with self-addressed stamped envelopes addressed to yourself and the other party. d. Other necessary forms. Include: Confidential Financial Affidavits (If you don't have one from the other party, file an Affidavit of Imputed Income) Confidential Statement for Child Support Order Income Withholding Order and Certificate of Mailing (check with clerk) Notice to Payor (You may be required to pay the clerk the costs of the mailing (usually less than five ($5.00) dollars) or have the certified mail forms filled out with the necessary postage attached). This document tells the payor how much to withhold from the person paying child support's check. Self addressed, stamped envelopes (one addressed to you and one to the other party. Many counties require an Affidavit of Imputed Income when one of the parties does not file a Confidential Financial Affidavit. e. Make two copies of each of the documents. One copy will be for your records and the other is for the respondent. f. Take the originals of the completed documents to the courthouse where you filed your previous documents and ask the clerk to file stamp them and file them with the court. You must also get your copies filed stamped.
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NOTE: Some counties will not enter a default order unless there is a hearing. In those counties, fill out a Motion to Set Hearing/Trial for a default hearing. Request 15-minutes for the hearing. At the hearing make sure you tell the judge the reasons for seeking the child support modification and be prepared to present evidence of both parties' income. You will also need to bring the Order Modifying Child Support, Confidential Statement for Child Support Order, and Income Withholding Order to court. Your child support will not be modified until the Judge signs the Order Modifying Child Support and it is filed by the clerk of court. Giving the papers to the clerk does not ensure your order is modified or will be modified. If you do not fill out the paperwork correctly, the Judge will not sign the Order.

13. Motions for some action by the court.
a. There may be other remedies available in child support modification actions that are not included in these packets. For instance requests for temporary relief are so different and complex that having an attorney assist is highly recommended. For each motion you wish to file, you must complete appropriate pleading(s), as well as a Motion to Set Hearing/Trial and the Order Setting Hearing/Trial. These must be filed with the clerk's office. The Motion to Set Hearing/Trial allows the court to hear about your motion and to make a ruling regarding your request. It also tells the court what the hearing is for and the amount of time needed. If you require a court reporter, you must request one and his/her fee must be paid by you before the hearing. The judge's clerk will fill in the hearing date and time and return the Order Setting Hearing/Trial to you. You must mail a copy to the other party and complete a Certificate of Service stating that you have done so. b. If the other party files a motion: You should fill out a Response to Motion for ________________and state your objections, if any, to the requested relief. If you fail to respond in writing, you may be prevented from responding at the hearing, and the other party may be given what he/she asked for in the motion. Generally, your response must be filed and delivered to the other party within 20-days from the date it was mailed or, of there is a hearing, 3-days before the hearing date, whichever is sooner. You should attach to your response, any documents or other evidence you wish the Judge to consider. Do not forget to include a Certificate of Service.

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