Trial Memorandum for a child support modification case.

Asked over 3 years ago - Renton, WA

Is this simply a declaration of the story leading to the motion for modification and justifying it? Or should I actually be quoting some laws and rules to support my reasons for modification. Basicly I was terminated from my job 4 months ago and filed the motion shortly there after. I Start a new job next week and my trial is later this month. Is it still justified to continue to trial if I make 20% less now than I did and I had to use my retirement for the over three months I was unemployed?

Attorney answers (2)

  1. Dave Hawkins

    Pro

    Contributor Level 20

    Answered . It all depends if you filed a motion to adjust support or a Petition to modify support. In King County, a Petition to modify support involves a mini-trial on the Family Law motions calendar. There is no live testimony allowed so everything has to be set forth on paper, i.e. declarations, documentary evidence and the law citing to cases and statutes which are relevant to the issue. You also need to provide all financial information as set forth in LFLR 10. If you filed a motion to adjust support which is done on 14 days’ notice, you need to file the same material.

    Trial memorandums are appropriate where a Petition to modify support has been initiated. They set forth both the facts and the law of the case and usually takes a good deal of time to prepare. If you filed a Petition to modify support and the opposing party has an attorney, my suggestion is that you hire counsel and ask for a continuance -- however, it may be too late for that. It's best to consult an attorney immediately to discuss your options.

    Hope this helps

  2. Robert Martin Morgan Hill

    Contributor Level 12

    Answered . In response to the portion of your question about whether it is justifiable to continue to trial now that you have a new job paying about 80 percent of what you were making prior to the loss of your job. To answer this question for yourself, you will want to fill out worksheets and calculate how much lower your child support is likely to be with your new wage, and then measure that against the cost of missing work for at least one court date, and possibly the cost of being represented in that proceeding. One factor worth considering is that the court has the authority to grant an adjustment or modification of your support effective with the date of your petition or motion. Consequently, you may be able to persuade the court to establish TWO child support obligations - one for your four-month period of unemployment and one prospective amount based on your new wage.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,119 answers this week

3,230 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,119 answers this week

3,230 attorneys answering