How Long Does It Take to Get Child Support Modified?

Updated on July 05, 2010
C.W. asks from Grand Prairie, TX
7 answers

I just wanted to see if any of you ladies have had child support modified? How long did it take to get everything settled? I am in the process now and it has been almost 5 mths and no court date. Just out of curiosity, if any of you don't mind telling me, how much did you pay total?
TIA

C.

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S.B.

answers from Minneapolis on

In MN, the court date is set when the paperwork is filed . . . not the same in TX? You also don't mention if you have legal representation or not . . . Here in MN it is just court fees if you do it yourself - about $250 plus the cost of a process server. However, if you are low income, you can file an IFP with the court and request that all fees be waived. To hire a lawyer (a good one) here for modification, there is usually a $1500 evergreen retainer - meaning that when the money is gone, you must replenish the account or your attorney will withdraw. The actual amount depends on whether the modifciation is contested, if expert witness are called and whether or not it is appealed.

Good luck!

1 mom found this helpful
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G.H.

answers from Chicago on

In Illinois you get a court date once the paperwork is filed. 5 months & no court date doesn't sound right. If you don't have an attorney you should go to the courthouse to see what's going on. And if yo do have an attorney, well maybe if you can't get a straight answer from them, then get another attorney.

1 mom found this helpful

R.D.

answers from San Francisco on

I think you have waited your time out!! I don't know who is representing you, whether it be Legal Aide or a Family Lawyer, this should have been taken care of I would guesstimate at 2mos. ago. Call your lawyer and ask what is going on and if you don't get sufficient answers its time to find another. I only hope that you haven't paid him/her a large retainer fee. If you are going through what we call in Ontario (Legal Aide) this is for those who don't have alot of income. They can drag their heels but definetly not this long. Even with these sorts of lawyers you can go back and tell them that you would like to change. Theres' something just not right. Phone calls, court dates etc. you should have been notified by now. Five months is way to long.
I wish you the best and good luck!!

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M.R.

answers from Dallas on

I filed in Feb and still don't have a court date. My ex will be served next week for discovery(bank statement, income tax, etc)so we should be getting a court date soon after. It's a long process here in Dallas. Our divorce was in Denton county and we moved it to Dallas County which took a while. If you have an attorney I would check what the status is and what the hold up is.
I wish you the best of luck.
M.

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J.D.

answers from Dallas on

Hi, I am a family law attorney in Fort Worth. If you used the AG (attorney general), no telling. It depends on if they filed it yet or if they are trying to do the negotiation process. They do take a while.

If it is private counsel and not in a court that allows it to be done on temporary orders, then your attorney will have to set it for final trial. Look out on that too, in Tarrant County depending on the court, could still be a months.

Good luck

J. Duke

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J.D.

answers from Chicago on

Call for answers till u get them. 5 months is to long................

D.T.

answers from Dallas on

We got an order issued and signed for Child Support to be garnished in February. It STILL (in July) is not being taken from his check. I don't get the delay but everyone in the system just passes the buck when it comes to getting answers or solutions.

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