Modification of step agreement if living in another state


#1

I have a step agreement which requires me to pay room and board for college for my son. I now live in Indiana, order was in Wilmington, NC. I have lost my job and have another child and am unable to continue to pay. I am up to date, but next month I cannot raise the $450 per month and will most likely held in contempt. My question is since I can’t pay an attorney, and live in Indiana, would I be able to petition the court for modification and be able to testify via telephone for the hearing?


#2

You can file a motion to modify child support if there has been a change in circumstances. Whether a judge will allow you to testify telephonically is left to the judge’s discretion. You may need to file a motion to appear telephonically, and you may need to hire a local attorney to argue that motion for you so that you can appear telephonically for future hearings. You should speak with a family law attorney in Wilmington to get a better idea of whether telephonic testimony is normally allowed. We have a number of referrals for New Hannover County located on our lawyer locator page.