Option C: If the Respondent filed a Response or Response and Counterclaim and you do NOT agree on the issues, complete the following:
Remember: Take an original and two copies of each document to file with the Clerk’s office. You will need to send a copy of any filed document to the Respondent unless otherwise stated below. Additional information about each step is included in Packet #5 - Child SUpport Modification.
1. If the Respondent filed a Response and Counterclaim, file a Reply to the Counterclaim within 20 days after you receive the Response and Counterclaim.
2. Request a trial date:
a. Request for Setting
b. Order Setting Modification Trial and Requiring Pretrial Statements
c. Take an original and two (2) copies of the Order Setting Modification Trial and Requiring Pretrial Statements for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Respondent with enough postage to cover the cost of mailing the Order Setting Modification Trial and Requiring Pretrial Statements to you and the Respondent).
3. File your Pretrial Disclosures and Pretrial Memorandum
4. No later than 3 days before the trial, request a court reporter, if desired.
5. Attend the Trial
6. Complete the Order Modifying Child Support and Judgment of Arrears
a. Take an original and two (2) copies of the Order for filing with the Clerk and two (2) addressed, stamped envelopes (one addressed to you and one to the Respondent with enough postage to cover the cost of mailing the Order to you and the Respondent).
7. Complete the Order for Income Withholding
8. Complete the Income Withholding for Support (Or, you can also open up a case with your local child support enforcement agency and they will prepare this form for you)
9. Complete and file any additional documents required by your Court.
Your child support order is modified when the Order has been signed by the Judge and filed by the Clerk.