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Motion For Modification Of Child Support - Kansas

Motion For Modification Of Child Support Form. This is a Kansas form and can be used in Trustee - Pro-Se 7th Judicial District (Douglas County) Local District Court .
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DISTRICT COURT TRUSTEE SEVENTH JUDICIAL DISTRICT 111 EAST 11TH STREET, UNIT 101 LAWRENCE, KS 66044-2966 785-832-5315 Fax: 785-838-2408 PS-9 Pro Se Motion for Modification of Child Support **Please read these instructions in their entirety before you begin!** The following information is provided to assist you in obtaining a modification of your child support. The Kansas Child Support Guidelines are the rules which must be followed in setting the amount of child support to be paid. A hearing cannot be held until your motion has been filed and all of the steps have been completed. Promptness is very important. The Court cannot reduce/increase child support which has already become due prior to the filing of your motion. If you can afford to hire an attorney to represent you in modifying your support obligation, you should seriously consider retaining an attorney to represent you. Pursuant to K.S.A. 2013 Supp. 28-179, a $62.00 filing fee must be paid when filing your motion. The following documents (included in this packet) must be filled out and filed with the court when seeking a child support modification. Fill out the documents using a typewriter, or print legibly in black or blue ink. 1. Motion for Modification of Child Support 2. Post-Decree Domestic Relations Affidavit with supporting documentation 3. Notice of Hearing and Certificate of Mailing 4. Return of Service for Certified Mail Follow the steps below in the order given. Check each one off as you complete it to properly file your motion with the court. 1. Motion for Modification of Child Support. a. b. Fill out completely. The Certificate of Mailing portion should include the names and addresses of the following: i. Opposing party/ex-spouse; ii. Opposing party/ex-spouse's attorney of record; iii. Court Trustee or DCF if one of those agencies enforces your case. Make 4 copies. (5 copies if your case is enforced by the Court Trustee or DCF) c. 1 American LegalNet, Inc. www.FormsWorkFlow.com 2. Post-Decree Domestic Relations Affidavit. (Post DRA) a. b. Two copies of this document are provided. Fill out one copy completely. Set aside the other blank copy to mail to the opposing party or ex-spouse. Attach supporting documentation to your completed Post DRA. (One month's worth of pay stubs; copy of most recent tax return and W-2; unemployment, disability, work comp, or social security income received; proof of health insurance paid on behalf of yourself and the child(ren); proof of daycare expense, if any) Sign the Post-Decree Domestic Relations Affidavit. Make 4 copies of the Post-Decree Domestic Relations Affidavit and supporting documentation. (5 copies if your case is enforced by the Court Trustee or DCF) Staple the original Motion for Modification to the original Post-Decree Domestic Relations Affidavit with supporting documentation. Staple the remaining copies of the Motion for Modification to each copy of the PostDecree Domestic Relations Affidavit with all attachments. Write "Chamber copy" at the top of one of the copies. c. d. e. f. 3. Notice of Hearing and Certificate of Mailing. a. Fill out the Notice of Hearing and Certificate of Mailing, with the exception of the hearing date and time. The Certificate of Mailing section should include the same people that you wrote on your certificate of mailing on your Motion to Modify. Make 4 copies of the completed Notice of Hearing. (5 copies if your case is enforced by the Court Trustee or DCF) b. 4. Filing your Motion and Obtaining a Hearing Date. a. Go to the Clerk of the District Court office in the basement of the Judicial and Law Enforcement Center at 111 East 11th Street, Lawrence, KS to file your motion and pay the filing fee. Bring originals and all copies with you. Give the clerk at the counter the original and all copies of the Motion for Modification of Child Support. The clerk will file-stamp the original and all copies of your Motion for Modification of Child Support. They will keep the original for the court file and give you back all of the copies. c. Go to the Judge Pro Tem office for a hearing date and time. Their office is located in the south hallway on the main floor of the building. Give the administrative assistant the "Chamber copy" of your Motion for Modification of Child Support and the original and all copies of your Notice of Hearing and Certificate of Mailing. The administrative assistant will give you a hearing date and time and write it on the original and all copies of the Notice of Hearing. The assistant will keep one copy and give the rest back to you. d. Go back downstairs to the Clerk of the District Court office and give the original and all copies of the Notice of Hearing and Certificate of Mailing to the clerk for filing. The clerk will keep the original Notice of Hearing for the court file and give you back all the filestamped copies. b. 2 American LegalNet, Inc. www.FormsWorkFlow.com 5. Serving the Opposing Party. You must mail the remaining copies by certified mail to the opposing party, their counsel, and any enforcement agency. You should do this on the same day that you file the Notice of Hearing with the Clerk of the District Court. Failure to mail the copies and provide proof of service will result in your motion being dismissed. a. b. Keep one copy of the Motion for Modification of Child Support and Notice of Hearing for yourself. Mail one copy of the Motion for Modification of Child Support (with all attachments), the Notice of Hearing, and the blank Post-Decree Domestic Relations Affidavit that you previously set aside when you completed Step 2 (a), to the opposing party/ex-spouse by certified mail. Mail one copy of the Motion for Modification of Child Support (with all attachments) and the Notice of Hearing to the opposing attorney of record, if any, by certified mail. Mail one copy of the Motion for Modification of Child Support (with all attachments) and the Notice of Hearing to the agency enforcing your child support case, if any, (Court Trustee or DCF) by regular mail. See below for address information. c. d. 6. Filing the Return of Service for Certified Mail. After you mail your Motion for Modification of Child Support and Notice of Hearing by certified mail to the required parties, you will have to wait for the Return of Service ( "green card") to be returned to you by the post office. Once you receive the green card(s), follow the steps below to prove to the court you served your motion properly. a. b. c. d. Fill o
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