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Modifications: Child Support & Alimony Melanie Brubaker, Esq. Jennifer Keaton, Esq.

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Presentation on theme: "Modifications: Child Support & Alimony Melanie Brubaker, Esq. Jennifer Keaton, Esq."— Presentation transcript:

1 Modifications: Child Support & Alimony Melanie Brubaker, Esq. brubaker@BBPLawFirm.com Jennifer Keaton, Esq. jkeaton@OneMediation.com

2 Child Support Basics Got Children? Get (and use) the Child Support Calculator

3 Child Support Amounts Amounts are “Always” Based on Both Parents’ Incomes, Among Other Things

4 Can Child Support Amounts Change? After the first court order, yes they can. But, don’t celebrate/panic – there are rules, processes, and more that must be addressed!

5 When Can Child Support Amounts Change? The Two Year Rule. Is there a “Substantial Change” (the court’s “substantial” not necessary a parent’s/step-parent’s “substantial”)

6 How Are Child Support Amounts Change? Trivia Question One: Who can change a court order? (Yes, there are prizes.)

7 Child Support Arrearages? Trivia Question Two: Can you “retroactively” modify the child support order to clear up missed payments? (There are more prizes.)

8 Controlling Court Time for Modifications Reaching Agreements on Modifications for the Court’s Possible Approval via attorney negotiated settlements, mediation, etc.

9 Modifications: Words of Advice If you are doing better financially, your kids should be doing better whether officially (court ordered) or unofficially (because you can). If you are doing worse financially, communicate the issue quickly to avoid problems later and emotionally-charged surprises.

10 Child Support Modifications: Questions? Child Support Calculator: https://cscalc.gaaoc.us

11 Modifications: Child Support & Alimony Melanie Brubaker, Esq. brubaker@BBPLawFirm.com Jennifer Keaton, Esq. jkeaton@OneMediation.com

12 Modifications: Alimony

13 Alimony Modifications Step One: Review the Divorce Decree

14 Alimony Modification Typical Step Two: See an Attorney to Confirm Whether Alimony really, really is Non-Modifiable In Your Case.

15 Non-Payment of Child Support & Alimony Trivia Question Three: What is the legal process called for failing to follow a court’s order? (Maybe there are still prizes.)

16 Contempt Proceedings Contempt Proceedings often go hand-in- hand with modification proceedings.

17 Contempt Proceedings How fast will I be able to get the unpaid funds in a Contempt Proceeding? (And, what else can I get?)

18 Contempt Proceedings So, every modification or contempt action that is fully litigated has to go through “discovery” and hearings?

19 Contempt Proceedings What can I do now to make payments easier? Income Withholding Order Family Support Registry Children’s Checking Account/ACH Drafts

20 Mediation & Legal Counsel Courts move slowly. Litigation is expensive. Families Can’t Wait..

21 Mediation & Legal Counsel At a mediation session or appointment, a mediator focuses everyone on solutions for the future with confidentiality. Solutions today vs. prolonged fighting is motivating for many people. But, sometimes litigation is necessary.

22 Can I Mediate and Avoid the Lawyer? Use your lawyer wisely! Mediation is a negotiation. If you don’t know the legal stakes, you may reject a terrific deal or take a terrible one.

23 Questions? Melanie Brubaker, Esq. brubaker@BBPLawFirm.com Jennifer Keaton, Esq. jkeaton@OneMediation.com


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