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I want to file a motion regarding visitation. Can ex request change in child support at that time or must ex file own motion?

Sacramento, CA |

My motion would ask the court to clarify/enforce something in the existing final decree regarding visitation that ex is not following. Can ex piggy-back on my motion to request a change in child support or would ex have to file a separate motion. If ex is required to file a separate motion, I should be in a better position to handle a change in child support than I would be if the change would occur at the hearing for my motion.

(There is also a slim possibility that ex would be hesitant to file a motion to change support.)

A paralegal told me ex would need to file a separate motion.

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Attorney answers 4

Best Answer
Posted

If you happen to end up with a judge who is going to entertain your ex's attempt to "piggy back" his request for child support onto your Motion (it is not likely to happen, but anything is possible with judges), then you immediately object to the Court hearing about child support IF your ex did not file his Income and Expense (with proof of paystubs or income attached). In a perfect, theoretical world, he should not be able to request child support or modification if i) he did not actually file a Request for Order AND ii) he also failed to file his own Income and Expense Dec. At the very least, his failure to do these two things would make this issue premature now, to be decided by the Court - at least this should be your argument - if you do not have an attorney. If you are able to afford an attorney, then I strongly urge you to consult with one. Good luck. . .

Posted

The paralegal is incorrect. The ex could file a responsive declaration and seek affirmative relief of a modification in support without having to file a separate motion. If you asked for more time to respond to the modification in support because you were not provided with the normal statutory notice period, the court would likely grant that continuance. Further, some courts have a policy of always promoting judicial economy and allow for the affirmative relief via adding it to the response, and other judges do not. If you have found this helpful and/or the best answer, please let the attorney know by checking the appropriate box below. It will be greatly appreciated. Thank you and best of luck to you.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

Posted

This is a good question.
I do not believe that any of the Judges here in Sacramento County would allow him to "piggy-back" of your custody/visitation motion and use it as an opportunity to modify the Child Support order. The only correct avenue for him to do would be to file his own noticed motion to modify child support. He will need to serve you with an Income and Expense Declaration with the attached financial documentation. Your motion is for custody and visitation. That is the only issue that would be before the Court.
I hope this was helpful.

Posted

Your ex would have to file his own Request for Order to modify child support.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.