Q. My ex and I divorced four years ago.  We have had a decent relationship since.  He recently told me all about a promotion he got a work.  I asked what he is now earning and he quoted a number four times what he was earning at the time of our divorce.  I wish I had known about earlier raises.  We talked and he agreed he will pay more child support.  We filled out the forms and sent them to the court to change the order.  I thought it was an administrative process, but a hearing got scheduled.  It is an in person hearing and I moved to Ohio after the divorce and he travels out of state for work.  Neither of us can go to court the day of the hearing.  I sent a letter asking for a Zoom hearing but it is still scheduled for in person.  What should I do?

Also is there a way to have an automatic review of his income?

A. Supplemental Probate and Family Court Rule 412 provides for an administrative process to update a child support order.  You need to file a joint petition to modify, an agreement stating what your new agreement is, a child support guideline worksheet form and you each need to complete and file updated financial statement forms.  Everything needs to be notarized and you should also file a proposed judgment for the judge to sign approving everything.  If you did not do all of these things, by submitting anything missing now you might be able to avoid a hearing.

If you did file all of these things, a judge may find something in your agreement unclear or outside of the norm and thus require a hearing.  You can make a joint motion for a Zoom hearing which should be allowed pursuant to Standing order 2-23.  You should now file the joint motion and explain that you live out of state and your ex travels out of state for work so neither of you can appear in person.  If the judge is looking for you to make changes to an unclear provision in the agreement that will be hard to do over Zoom, be prepared to make changes and resubmit documents to the court and have a further hearing.

In the future, if the two of you agree to exchange year-end paystubs or tax returns, you will know when there is a subsequent change in income warranting an adjustment in support.

Email questions to whickey@brickjones.com