Ask a Divorce Lawyer: Who needs to be notified in order for me to modify support?

Question: Is my lawyer required to contact my wife’s original divorce attorney in a child support modification issue? 

We were originally divorced over 10 years ago. I was under the impression that we could file the motion in court without contacting her old attorney.

 

Answer:

Because I do not practice in Colorado, I cannot tell you whether there is a requirement that an attorney contact her divorce attorney prior to filing a modification.  These types of statutes are state specific.  

Your ex-wife does need to be notified of the motion to modify support.  It is possible that your attorney may be contacting the old attorney to see if he or she will accept service on behalf of your ex-wife.  This could save you the cost of having a process server personally serve her.  

For state specific statutes, you have to consult with an attorney licensed in your jurisdiction.  Cordell & Cordell has many attorneys licensed and located in Colorado.

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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