OPTION B. If you and the Petitioner DO NOT agree on all of the terms to be included in the Order Modifying Child Support and Judgment for Arrears, you will need to have a trial.
A. Trial. If you and the Petitioner cannot agree on all issues, your case will have to be heard and decided by a Judge at a trial.
Caution: It is strongly recommended that you hire or find an attorney to represent you at trial, though you may represent yourself. You proceed at your own risk and will be expected to know the laws.
B. Request a trial date. If the Petitioner has NOT done so, you will need to request a hearing by completing a Request for Setting. Write in "trial" where it asks the type of hearing. Indicate how much time you think it will take for you and the other party to present your evidence and write that in (usually one (1) to three (3) hours). You also need to decide whether or not you want a Court reporter to record the proceeding. SEE BELOW FOR DETAILS ON GETTING A COURT REPORTER. It is very difficult to appeal the Judge’s decision if you do not get a Court reporter to take down everything that is said at the trial.
You must file the Request for Setting and the Order Setting Modification Trial and Requesting Pretrial Statements with the Clerk’s office, and the Court will fill in the hearing date and time and mail a copy to you and the other party. You will need to provide an addressed, stamped envelope for you and the Petitioner to the Clerk.
Once a trial date has been set, do the following:
C. Pretrial Disclosures. - Both parties must provide to other party AND PROMPTLY FILE WITH THE COURT the Pretrial Disclosures regarding the evidence that it may present at trial. If you have questions, you should contact an attorney.
- When are the Pretrial Disclosures due? Unless otherwise directed by the Court, these disclosures must be made at least 30 days before trial.
- Take the original and two (2) copies to the Clerk for filing. Keep one copy for your records and send the other copy to the Petitioner (or his/her attorney).