FAQs on Child Support COLA

NOTE: Child support cases involving the County Child Support Office are often called IV-D cases and are handled in what is called the "Expedited Process (ExPro)." If the County is not involved in a child support case, different rules and procedures may apply.

Q: What is a cost-of-living adjustment (COLA)?

It is an increase in the amount of child support you will be required to pay every two years, due to increases in the cost of living. If the County Child Support Office is involved in handling your child support, the increase will take effect automatically on May 1, 2009, unless you file a Motion to Stop COLA and show the Court that your gross income has not increased enough to justify the increase in basic support. If County Child Support Office is not involved in your child support case, then a different deadline may apply.

Q: What is the deadline for filing a Motion to Stop COLA?

If the County Child Support Office is involved in your child support case, April 30th is the deadline to file a Motion to Stop COLA increase and to serve the copes on the parties. Motions are usually not accepted for filing after the April 30th deadline. A different deadline may apply if your case does not involve the County Child Support Office.

Q: What do I need to complete my forms?

Mailing address for the other party
Copies of your tax returns for the last 3 years (2006, 2007, 2008)
Your current employment/income information

Q: Why do I have to provide my tax returns for the last 3 years?

Child Support Orders receive a COLA increase every 2 years. To stop the COLA increase from taking effect, you must prove that your gross income has not increased enough over the last few years to justify the increase in your child support order. Your tax returns will show whether your income has increased or decreased since the last COLA increase.

REMEMBER: If you are objecting to the COLA increase, YOU must prove that your income has not increased over the last few years. If you file without 3 years of tax returns, the court might not have enough information to grant your request.

Q: What if I do not have tax returns for the last 3 years?

If you filed taxes but did not keep copies, contact the IRS for copies of your return (or a transcript). Be sure to ask how long it takes to receive the copies, because all of your papers MUST be filed by April 30th. If you did not file taxes, you could try to provide other proof of your gross income for the last 3 years, such as W-2 statements or paystubs. You may need to contact your current/former employers and ask for copies of W-2s or wage summaries. If you don't know what to provide, you may need legal advice.

Q: Is there a filing fee?

Check with your local court administrator about whether there is a fee to file your motion. If you cannot afford the filing fee because you are low-income, you can fill out a Fee Waiver Application and ask a Judge to allow you to file without paying a fee.

Q: Can I use the Motion to Stop COLA to have my child support lowered?

NO. The Motion to Stop COLA is used only to object to the COLA increase taking effect. If you need to ask to have your monthly child support obligation changed, you need to file a Motion to Modify Child Support.

Q: Is help available to fill out these forms?

Court Staff cannot fill out forms for you or give you legal advice. Your County Child Support case worker may also be able to help you with this process. If you have questions about what information is required in the forms or about court procedures, you may Contact Us with your questions.

Q: Who must be served with copies of the COLA motion and how do I do this?

After you file your papers and get a court date, you must serve a copy to the other party and the County Attorney's Office (if the County is involved in collecting and paying support).

Serving the other party can be done by having someone else (NOT YOU) either mail a copy to the other party OR hand-deliver a copy to him/her. Most people prefer to serve by mail.

REMEMBER: You cannot serve the papers yourself. You must have someone else mail OR hand-deliver the copy to the other party. Then that person must fill out and sign the Affidavit of Service in front of a Notary Public or court clerk. The completed Affidavit of Service must be filed with the Court prior to the hearing. See Steps 6 and 7 of the instructions that came with the packet for more information about serving.

Q: What if I do not have or cannot get the other party's mailing address?

You need to have the address of the other party in order to serve them. If you do not know the address, you must make a reasonable effort to try to get it. You could call friends or relatives who might tell you the address, look in the telephone book, or search on the Internet. See also How Can I Find Someone?.

If you still cannot locate a mailing address and the County Child Support Office is involved in your case, you can fill out a Request for Child Support to Serve to ask a judge to give you permission to have Child Support Office mail the papers to the other party's last known address. When you have completed your paperwork, bring it to Court Administration and they will tell you how it can be submitted to a judge. If the judge grants your request, you then bring a copy of your papers to the County Child Support Office and they will mail the papers to the last known address of the other party.

Q: When is the Signing Judge available?

Check with your local court administrator about when a judge is available to review your request for a fee waiver or to have the Child Support Office serve papers on the other party.

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