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Modification?

instantfamily's picture
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So we were finally able to consult an attorney at a free legal clinic on family law. He said basically piece of cake to move the case from BM's state to ours since the kids have lived here for two years, etc. but he suggested we go for a modification at the same time. CS was only established in February and by law in our state you need to wait 2 years before filing a modification unless something has drastically changed. He suggested we bring up all of the changes that have happenend for us and give it a run at least. Anyone else have experience with modification? Seems like a TON of paperwork and if you get anything wrong it will be sent back. Any tricks of the trade or folks with experience with modifications.

LPS's picture

Yes, my DH did a CS modification as well as change in physical custody. At first we thought it had to be done at the courts where they were divorced and filled out and filed the paperwork but it turned out that we had to do it in the county we live now and luckily the courts sent the paperwork over for us. Your drastic change is that the children live with you and DH, right? Make sure when you file at court and when you go for your hearing you have all school paperwork stating children live with you. The courts should put both on the same day. With DH he had his CS order terminated first and then after he won physical custody he was able to get CS out of BM. I recommend even if BM isn't a troll, you still get all CS through the support system of your state. Good luck to you.

instantfamily's picture

The kids have always lived with us; we just got screwed by California and want to make the case move up here. BM is a troll, too. We know there's going to be modifications along the way and want to deal with it here, not in California. This is the thing I don't get, the attorney we met with said to go ahead and file modification as well as move the case but we haven't had any significant changes except that BM isn't paying child care anymore which meant we had to take SS10 out of care altogether, change our schedules and take SD6 out of morning care.