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Often, in addition to the pre-temporary orders and mediation, a second mediation will be ordered prior to a final trial. A trial can be before the court or before a jury upon request.Whether there is a settlement agreement or a trial, at the conclusion of the case a Final Decree of Divorce is drafted.
Like you, they have bills to pay, and they go to work to trade their time and expertise for compensation. The retainer insures that the attorney is compensated for his or her efforts.
To modify the amount of child support (either an increase or decrease in the amount ordered), one of two things must be proven in court: either (a) you show that the circumstances of the child or a person affected by the order have materially and substantially changed since the date the order was signed; or (b) it has been three years since the order was signed and the monthly amount of the child support award under the order differs by either 20 percent or 0 from the amount that would be awarded in accordance with the child support guidelines.
Most cases will fall under the three-year category, so the question of whether child support can be modified becomes primarily a question of math.
The divorce process starts by filing a document entitled "Original Petition for Divorce." That document informs the court that a divorce is sought, of any grounds the party may have, and what the party wants the court to award in regard to property and children.
Concurrently with the filing of the Original Petition, a party may ask for temporary orders, temporary restraining orders, and/or a protective order.Although the "Choice of Managing Conservator" document is very persuasive to the court, it is not binding, as the court will attempt to make a decision which is in the child's best interest (which is not always what the child wants).