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Author Topic: Nervous Wreck: Filing a Pro-Se Motion to Modify to Increase Support-2 Questions  (Read 12998 times)

Sonfirst

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Nervous Wreck: Filing a Pro-Se Motion to Modify to Increase Support-2 Questions
« on: September 09, 2013, 02:46:28 AM »
Hi,

Considering filing a modification to increase support (I am custodial parent).

Non-Custodial/NC Parent hasn't seen or spoke to child in over a year, but does pay small monthly child support through KS payment Center bc is active duty army.

I have been on IV-D Status (Food Stamps & Medicaid) since 2/2012.

Before filing a Motion to Modify Support (which I would make sure to attach both Child Support Worksheet & DRA), I would like to request financial info from the NC Parent, in order to run the numbers and see if there will be at least a 10% difference.

From what I understand, I can send a "Request for Financial Information" and state; Under the Kansas Child Support Guidelines (SectionV.B.), you have 30 days to provide me this information.  If you refuse to provide it, the Court may make you responsible for the costs and expenses, including attorney fees, that I must spent to obtain this information from you

1.  Does the NC Parent have to send me this information, even though I have not filed for a hearing/any motions yet?
2.  Can I send this request by Certified Mail, Return Receipt Requested before filing any type of hearing paperwork?

(I want to take the financial info to an attorney in order to see (via child support calculator) if I should even proceed with getting a hearing. I don't want the NC parent flipping out/getting hostile if I end up not even filing for a hearing.)

Thank you in advance for any advice, I am a nervous wreck about this.
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Guru

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Re: Nervous Wreck: Filing a Pro-Se Motion to Modify to Increase Support-2 Questions
« Reply #1 on: September 10, 2013, 06:22:50 PM »
I can understand your anxiety, but it's pretty typical in family court to request financial records (even ones that don't even pertain to the case).  Yes you should just send your request via certified mail, return receipt and see what comes of it.  You might want to ask for a copy of his previous year's taxes to ensure you know all sources of income that's he's claiming.  If he doesn't provide that information, you can file a subpoena, or you can hire an attorney to do that.  In which case he may have to pay your attorney fees because he's supposed to provide that info.

You can ask your attorney to calculate support for you or you can use the free calculator found here.  Also there are a couple other websites which will help you.  Sounds like your case is very simple, so if you need help, just let us know.
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