Modifications: Child Support & Alimony Melanie Brubaker, Esq. [email protected] Jennifer...

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Modifications: Modifications: Child Support & Alimony Child Support & Alimony Melanie Brubaker, Esq. [email protected] Jennifer Keaton, Esq. [email protected]

Transcript of Modifications: Child Support & Alimony Melanie Brubaker, Esq. [email protected] Jennifer...

Modifications: Modifications: Child Support & AlimonyChild Support & Alimony

Melanie Brubaker, [email protected]

Jennifer Keaton, [email protected]

Child Support Basics Child Support Basics

Got Children? Get (and use) the Child Support Calculator

Child Support AmountsChild Support Amounts

Amounts are “Always” Based on Both Parents’ Incomes, Among Other Things

Can Child Support Can Child Support Amounts Change?Amounts Change?

After the first court order, yes they can. But, don’t celebrate/panic – there are rules, processes,

and more that must be addressed!

When Can Child Support When Can Child Support Amounts Change?Amounts Change?

The Two Year Rule.

Is there a “Substantial Change” (the court’s “substantial” not necessary a parent’s/step-parent’s “substantial”)

How Are Child Support How Are Child Support Amounts Change?Amounts Change?

Trivia Question One: Who can change a court order?(Yes, there are prizes.)

Child Support Child Support Arrearages?Arrearages?

Trivia Question Two: Can you “retroactively” modify the child support order to clear up missed payments?

(There are more prizes.)

Controlling Court Time Controlling Court Time for Modificationsfor Modifications

Reaching Agreements on Modifications for the Court’s Possible Approval via attorney

negotiated settlements, mediation, etc.

Modifications: Modifications: Words of AdviceWords of Advice

If you are doing better financially, your kids should be doing better whether officially (court ordered) or

unofficially (because you can).

If you are doing worse financially, communicate the issue quickly to avoid problems later and emotionally-charged

surprises.

Child Support Child Support Modifications: Questions?Modifications: Questions?

Child Support Calculator:https://cscalc.gaaoc.us

Modifications: Modifications: Child Support & AlimonyChild Support & Alimony

Melanie Brubaker, [email protected]

Jennifer Keaton, [email protected]

Modifications: Modifications: AlimonyAlimony

Alimony ModificationsAlimony Modifications

Step One:Review the Divorce Decree

Alimony ModificationAlimony Modification

Typical Step Two:See an Attorney to Confirm Whether Alimony really, really is Non-Modifiable In Your Case.

Non-Payment of Non-Payment of Child Support & AlimonyChild Support & Alimony

Trivia Question Three: What is the legal process called for failing to follow a court’s order?

(Maybe there are still prizes.)

Contempt ProceedingsContempt Proceedings

Contempt Proceedings often go hand-in-hand with modification proceedings.

Contempt ProceedingsContempt Proceedings

How fast will I be able to get the unpaid funds in a Contempt Proceeding?

(And, what else can I get?)

Contempt ProceedingsContempt Proceedings

So, every modification or contempt action that is fully litigated has to go through

“discovery” and hearings?

Contempt ProceedingsContempt ProceedingsWhat can I do now to make payments easier?

• Income Withholding Order• Family Support Registry

• Children’s Checking Account/ACH Drafts

Mediation & Mediation & Legal CounselLegal Counsel

Courts move slowly. Litigation is expensive.

Families Can’t Wait..

Mediation & Mediation & Legal CounselLegal Counsel

At a mediation session or appointment, a mediator focuses everyone on solutions for the future with confidentiality.

Solutions today vs. prolonged fighting is motivating for many people. But, sometimes litigation is necessary.

Can I Mediate and Can I Mediate and Avoid the Lawyer?Avoid the Lawyer?

Use your lawyer wisely!

Mediation is a negotiation. If you don’t know the legal stakes, you may reject a

terrific deal or take a terrible one.

Questions?Questions?Melanie Brubaker, [email protected]

Jennifer Keaton, [email protected]