How to Respond to a Divorce Court Filing With No Attorney

While a court appearance dealing with children and divorce can be unsettling, it should not be fretted. One can handle an ex-husband’s / ex-wife’s divorce court child support filing alone, without attorney representation.

Difficulty: Moderately Easy

Instructions

1. File your own court response, no lawyer needed! No special form is needed to file a response. A simple Word document will do. If you do need assistance, visit your county Circuit Clerk office and the representatives should be happy to assist you.

2. Be prepared. Have copies of income statements / unemployment benefits to prove earnings.

3. 
    
   Child support payments

   Prepare copies of all medical / dental costs that should be split equally

4. Prepare copies of extra – curricular activities that should be shared expenses

5. 
    
   School registration

   Prepare copies of school expenses (registration, books, supplies, clothes).

6. Be confident! While the ex may be asking for a reduction in child support, the judge will not change the original court order unless there has been a significant change in earnings. Even the original child support order based on ex’s salary 5 years ago, won’t change to reflect his yearly pay increases since the amount taken out falls within the child support guidelines (28 – 30%). Search the internet for a child support calculator to see if an increase / decrease is worth fighting for in court.

Tips & Warnings

• While an ex may be fighting to have child support reduced, prepare copies of any shared expenses. If the ex has failed to pay his share of those expenses, the judge will award you the amount and give a period of time for the ex to pay up. If he fails to pay, he will be held in contempt of court.
• Do not involve children in child support payment discussions. Never say "I do not have any money because your Mom takes it all."

Resources

• The Complete Guide to Protecting Your Financial Security When Getting a Divorce
• Helping Your Kids Cope with Divorce the Sandcastles Way
• Leaving Him Behind: Cutting the Cord and Breaking Free After the Marriage Ends