modification in child support hearing

[NSA4answers]

What is the name of your state? Co.

I have an upcoming hearing on April 17 for motion to modify child support and I need to know how the proceedings work. I am pro-se and so is dad. I understand most of the legalities of the issues but I am not sure how to present my case. Such as when to speak, what to offer, etc.

Tomorrow I am going down to Colorado Legal Services but I am not sure that having someone represent me in court is such a great idea. I know that if I show up with an attorney dad will say that he wants a continuance to obtain counsel. I dunno if he'd get it considering the modification has been pending since September 2007, but I'd rather not take the chances. Dad is turning something that should have been simple into a huge ordeal. Is it honestly better for me to have an attorney present on something so simple than to go pro-se? Will the judge ask us each questions that we'll need to answer? If not, how do I know when to speak and when to shut up?

I have no idea how family court proceedings work, we have never been in court we originally came to an agreement in mediation. I'm really nervous that I will screw this up. I originally banked on dad coming to an agreement with me therefore not needing to go into court but that has proven to be impossible.

Thanks for any help in advance

 

[LdiJ]

What is the name of your state? Co.

I have an upcoming hearing on April 17 for motion to modify child support and I need to know how the proceedings work. I am pro-se and so is dad. I understand most of the legalities of the issues but I am not sure how to present my case. Such as when to speak, what to offer, etc.

Tomorrow I am going down to Colorado Legal Services but I am not sure that having someone represent me in court is such a great idea. I know that if I show up with an attorney dad will say that he wants a continuance to obtain counsel. I dunno if he'd get it considering the modification has been pending since September 2007, but I'd rather not take the chances. Dad is turning something that should have been simple into a huge ordeal. Is it honestly better for me to have an attorney present on something so simple than to go pro-se? Will the judge ask us each questions that we'll need to answer? If not, how do I know when to speak and when to shut up?

I have no idea how family court proceedings work, we have never been in court we originally came to an agreement in mediation. I'm really nervous that I will screw this up. I originally banked on dad coming to an agreement with me therefore not needing to go into court but that has proven to be impossible.

Thanks for any help in advance

If you are both pro se, the judge will guide you as to when to speak and when not to speak. Basically the judge will ask both of you questions, and you should give complete and thorough answers. If you feel that you need to say something and the judge hasn't given you an opportunity, then you ask for permission to speak.

 

[NSA4answers]

Thank you for that, it calmed my nerves quite a bit.

Another question, what if dad hasn't provided any type of discovery. He has not submitted a financial affidavit or any copies of pay stubs. He did not even file a response as of the date of our status conference. How will I, or the court know what dad's actual income is if he does not provide these things? I know what he tells me he is making but I am not so sure that is the truth. I know, because he told me, that he was going to leave his current employer but was offered a substantial amount of money to stay so he did not leave. Is there a way for me to request these things prior to the hearing?

Also, it is my understand that overtime wages are not used for child support purposes unless the overtime is mandatory, is this correct?

 

[Pearl72]

I just went thru all of this child support modification hearing in february. My daughter's father didn't fill out any financial info either. The child support enforcement has their way of finding out what his income is. If he disputes it, HE has to be the one to prove them wrong with paystubs etc. They base his wages on what he is able to make, and they will also ask if you or your ex is providing insurance for the child, in my case, we ended up both being required to cover our daughter, even though i had been the one covering her for the past 4 years. They will factor in daycare etc. They will ask you if you dispute or diasgree with anything they have found -- if you do disagree, it is up to you to prove to them what something should be.