Filing Financial Affidavit Awaiting Response

Hi Ryan,

I filed a motion to modify child support late last year. When I filed it at that time I indicated no financial affidavit, as I was not ready at the time and not sure I’d need to file a FA. Since then, ultimately I did file a financial affidavit. At what point should I expect reciprocation from the other party? given that the other party has had my filed FA for 30+ days now. I’ll of course contact them and ask to produce, but do they have to? is there a set response time in the rules?

thanks, as always,

The rules differ from county to county. You should check the local rules for your county.

Thank you for your input. Perhaps a little more information would help? Wake county is the county. I’ve not seen anywhere in the rules that covers filing a financial affidavit after the motion to modify is filed. I see that there is a timeline in the rules for when a motion to modify support is filed with a financial affidavit. Do I need to re-file the Motion to modify and check the box that indicates a FA is filed? or do I simply file a Motion to Compel at this point?

thanks -ST

15 days is likely the rule in Wake County. You should ask for the FA from the opposing party.