DO I HAVE TO HAVE A TRIAL?

That depends on several things, including the method that you and your Attorney choose to enforce your Judgment and what kind of resistance is encountered from the other parent or their Lawyer.

Usually, when someone asks our Government to take Life, Liberty or Property from another person then that person will have a right to be told about it and have his say before any taking comes about. Therefore, Notice is always required and sometimes there will be a Hearing and your presence may be required there. Your Attorney knows what to expect and will prepare you for such a hearing. Most real fear arises out of concern about the unknown. Therefore, the best way to beat fear is with knowledge and preparation. Your Attorney will sit down with you and get you ready for anything you may not understand.

Having said that, let's get real for a minute. In my humble, but accurate, opinion jury trials in most support cases are futile and stupid exercises in failure. It can easily cost upwards $5000 in one attorney's fee alone to properly try a simple modification case, which involves two lawyers, of course. If a jury modifies child support by $200 per month it can take several years to recover from lawyers before any increase really makes it to its intended purpose, helping the children. I am a litigator, a fighter...that's what I do and, perversely according to some, I really enjoy that but I am not helping you by insisting on fighting when just a little serious negotiation may result in a fair outcome, and if a lawyer can keep you out of court and represent you effectively, that's what should be done. There are a number of things that can happen to head off putting support issues in front of a judge or jury, and all of us need to work to make it work.

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