Child Support Visitation Credit

[JMS19]

My husband had his child support ordered in 2008. He has his daughter for 28% of the overnight stays, which qualfies for visitation under the new laws effective Oct. 1, I believe. Can he simply complete a child support modification form and submit it to the courts? Will this result in a judge just reviewing and either accepting or declining the request? Or will he have to go before a judge or mediator again? Also, when should he do this? Right in October, or wait?
I've actually met with you back in 2008 right before he set all this up - he felt he didn't need legal representation and of course...HE SHOULD HAVE! A few things were put into the final judgement that he was a fool to agree to! BUT, when we heard about the HB 907...those visitation credits would be nice and not make the other stuff seem so bad!
I am interested in any advice you have to offer...we don't want to make any mistakes this time!

Jackie

[Attorney Howard Iken]

Anything started right now will end up governed by the new statute. You may want to wait approx 15 days for our online child support calculator to be updated for the new statute. That way you can make sure it will be worth your while.

Yes, ultimately it must go before a judge for an order. Nothing is ever automatic - so don't count on that. And once you open a case for modification, it can swing either way depending on the current situation. So be aware of that when you reopen the "can of worms."

Attorney Howard Iken

[JMS19]

Could this be something I could come in and discuss with a consultation/consultation fee? Everything went pretty much in the mother's favor, so my husband doesn't really stand to "lose" anything, but I just want to make sure the child support would go DOWN and not UP...somehow!

[Attorney Howard Iken]

Yes, this is a good subject for a consult. Give us a call - the initial consults are free.