i am paying support for my 4 kids. I owed bqck child support also. I finally got caught up and my arrears are now 0. So when i called child support to see how my payments will go down to my suprise was told i have been paying support for 2 of my kids that are now 24 and 22 I was under the assumption the extra money was going towards my arrears but obviously not. So i was told to to a modification right away. Issue is with my job i go to Ohio alot for work so was wondering if a lawyer could go to court for me ? And can i get reimbursed for the extra money i have been paying for over 3 years. Also this month my other Daugther will be 21. So just my son will be under 21 (19).
Congratulations on getting your arrears payed off.
Has your income increased since the current order was issued? If so, prior to filing for a modification make sure if your support is recalculated that it will go down rather than up.
Any modification will be only retroactive to your date of filing. You will not be able to recoup any overpayments.
The court might permit you to appear by telephone if you file an application to appear by electronic means. But, there is no guarantee the court will not require your personal appearance.
The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement
Child support modifications are a minefield because the state does not want to give up the federal matching funds that defray the cost of enforcement. So if you file to terminate two, the ex may cross petition to increase support for the remaining two.
As for appearances, family court is an appearance court. This means you must be there for every call fo the calendar. There is a procedure to appear by telephone and that requires a motion. If the court grants that motion, that is no guarantee that you will not be ordered to appear should the need arise.
Please do not message me here on Avvo. The original question does not accompany your message so I have no idea what you are talking about. Simply respond as a comment under the question and I'll see the comment and know which question your comment applies to. Always remember I am not establishing an attorney/client relationship with you here and I am not giving you legal advice for your case. I am only providing an education in the workings of the law using your fact pattern as an example and in no way am I helping you prepare your case for court. Further, I do not know your case. If you retained a lawyer, do not use Avvo to second guess your lawyer. Your lawyer knows your facts.
You need to file a modification yesterday. Go to court immediately. You should have an attorney represent you as well. You may also attempt to apply to appear telephonically as well. Please go to court today to file your petition.
You should file a modification motion. Every Judge has different rules. However, in general you can be represented by counsel and you can be on the phone.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline