How do I get a modification of child support without a court order?

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How do I get a modification of child support without a court order?

I pay support for 2 boys. The oldest has lived with me for over 5 years and now the youngest lives with me. I need to stop the support as I am barely making it and now having to support these boys and still paying support to their mom. It’s difficult because there is back support owed and the case is from another state. I’ve been told that I need to have a retro modification filed that will take everything I’ve paid in the past 5 years off the back support and that would clear all the back support. And I need her to pay me support now as the boys live with me. One is over 19, so no support for him. I have been told to get a lawyer but I can barely feed my boys so how do I pay a lawyer. How do I get this fixed? Can I do it myself?

Asked on November 24, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Given the circumstances that you have written about where you cannot afford to hire an attorney, I suggest that you consult with your local legal aid clinic for assistance.

If the parent of the minors will not sign a stipulation subject to a court order allowing a reduction of the child support order you are presently subject to, then you will be forced to file a petition with the court where the current order is pending to get the relief that you want with no guarantee that it will be granted.


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