Divorce Questions - Modification Of Child Support
Over time, actual income and earning potential of parents change. Divorce questions regarding increases in
and decreases in support payments are properly resolved by a judge. A motion for modification of child support
is required to present new divorce questions to the court.
Based upon a motion for modification, notice of hearing, and oral arguments, courts maintain broad authority
to change support requirements between the parties involved. Testimony regarding the behavior of parents is
usually allowed.
Resolution of Divorce Questions:
- Legal and statutory divorce questions are decreed by the court, through court order. Lawyers are obligated
to advise
clients of possible outcomes.
- Divorce questions requiring a professional opinion (expert testimony) are usually resolved by comparing
competing reports, deposition and trial testimony.
- Factual divorce questions about conduct during the marriage are resolved by a jury (or judge in a bench
trial) based on a preponderance of the evidence (civil standard).
- Daily scheduling and minor divorce questions are normally resolved by attorneys and parties by agreement.
If agreement is not reached, a hearing may be requested. Judges quickly grow intolerant of hearings over minor
issues.
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