This is all the information that I presently have. Based on these facts, you have enough information to draft a complaint. Maya: It has been a while since I drafted any pleadings and I never drafted child support pleadings. Can you review how to draft a child support pleading? Julie: Sure. I drew up some guidelines that you can follow. Let's review them.
Guidelines for Drafing a Child Support Complaint Use the standard pleading heading. For example, on the top left- hand side of the pleading, state the names of the parties and underneath their names, state whether they are the plaintiff or defendant. (If you forgot how to heading should look, review the sample complaint for custody in module 3.) This is an initial pleading, so make sure to include the address under the party's name. On the top right-hand side of the pleading, state which court will hear the case. You will not have a case number until the case is filed; however, you should type a space on the right-hand side of the petition where the court clerk can fill in the case number. The title of the pleading should specifically state what you are seeking. For instance, in a custody case, you would title the complaint "complaint for custody." Each allegation should be in a separately numbered paragraph. Begin by stating any previous court action that occurred. The body of the complaint should state the facts that support why the client should get the relief you are requesting. For instance, you would not ask for custody of a child without first describing the relationship your client has with the child, e.g., he is her son. Likewise, you need to state why your client is entitled to an increase in child support before stating that she should be awarded an increase (e.g., the income of the parties has changed since the prior order was granted). In the Wherefore clause, state the specific relief you are seeking (e.g., increase in child support). Make sure each item of relief requested is in a separate paragraph. Instead of labeling these paragraphs numerically, they should be labeled alphabetically. Julie: Do you think you have time to draft the complaint by close of business today? Ideally, I'd like for Mr. Richman to be served by the end of the week. Maya: I think I'll be able to finish the complaint by the end of the day. I'll put the draft in your box by then. Julie: Thanks for your help. Oh, by the way, Robyn will be representing Ms. Poor in court, so be sure to draft the pleadings with her signature line.
Maya: Sure. Thanks for letting me draft the pleadings. I'm looking forward to getting more practice. The more pleadings I draft, the more comfortable I feel. Skills Assessment 6-1 Directions Draft a Complaint to Increase Child Support Help Maya draft a Complaint to Increase Child Support. Assume that the facts that Ms. Poor told Julie were complete. Keep in mind that for the court to order an increase in child support previously ordered, you must allege that changed circumstances justify the increase. Based on these facts, draft the complaint. After you have done so, compare your
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- Spring '19
- Child custody, child support