Question:
I have heard that in my state, only a minimum of a 20% increase in income would warrant a modification of child support. My income has increased, but not by 20%. My ex has filed a hearing to determine if I should pay more child support.
I don’t want to have to hire an attorney to represent me since I live out of state and can’t make this hearing. Can someone other than an attorney show up on my behalf and provide records of my income to prove what I make?
Can I get this matter dismissed because the hearing is not warranted in the first place because I didn’t have a large enough increase in income?
Answer:
First, let me preface my answer by stating that I am not licensed to practice in the state of South Carolina. I am unable to provide you with any specific advice to your question because I am unfamiliar with South Carolina’s statutes and rules.
It has been my experience that the only person that may appear on behalf of a person is an attorney who is licensed to practice law in that specific state. You would need to find an attorney who could represent you and file the appropriate pleadings to dismiss the action.
It appears from the facts that you have presented that your ex-spouse does not meet the statutory minimum requirements to modify the support obligation.
You should contact an attorney in your jurisdiction before taking any action in your case to get specific advice to your case.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
