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Author Topic: how do you change custody when both agree  (Read 2391 times)

spinner

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how do you change custody when both agree
« on: Jun 10, 2004, 09:07:01 PM »
hi,
following my other post, my ex and I are thinking of shared custody, ....
Few questions:

Can we write our own order and present it to the judge? if so, what is the motion to file.
Anyone has a sample?
what are the things to think of ?

Also I am ordered to pay CS thru the state CS enforcment agency. I know they are a pain to deal with and even with a court order they want "precise" wordings to tell them to stop the witholding, anyone know what these wordings are ?

Thanks


lucky

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RE: how do you change custody when both agree
« Reply #1 on: Jun 11, 2004, 06:25:53 AM »
email me and I'll send you copies of our stipulations and order that we did with dh's ex without attornies.   These documents will be in Word format.

cleliaXX@charter.net

remove the "XX" before sending it and make sure to put your SPARC name in the subject line of the email.
Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip. ~  Will Rogers

Lawmoe

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RE: how do you change custody when both agree
« Reply #2 on: Jun 11, 2004, 01:00:15 PM »
If you draft or have drafted a Stipulation and Order, which is essentially one document signed by all and notarized, it can be sent to the Court for approval by the Judge. In must, however, be in the proper format and I do not know of any forms for such a matter.

If public assistance is provided to teh custodial parent, the child support office is a party and must also sign off on any agreements.

For Minnesota Answers visit http://www.divorceprofessionals.com

spinner

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how do you ever get child support to sign off on anything?
« Reply #3 on: Jun 11, 2004, 01:12:00 PM »
How on earth can you get them to sign on your custody issues.
I have a hard time understanding that the CS enforcement office is a 3rd party.

can you explain?
Also how do you present that to them ?

hisliltulip

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RE: how do you ever get child support to sign off on anything?
« Reply #4 on: Jun 11, 2004, 01:58:23 PM »
The CS department is a party to the action ONLY if the custodial parent is on assistance.

When a CP enters public assistance, they MUST sign over all rights concerning child support enforcement to the state.  That way, they can go after the NCP for money to pay back the state.

If neither of you are on public assistance, then you should not have a problem.  If either of you are however, there could be major problems getting them to sign off for you to do Joint Physical custody, because they are going to want SOMEONE to pay them back, and taxpayers would rather have NCP’s pay instead of themselves.


spinner

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RE: how do you ever get child support to sign off on anything?
« Reply #5 on: Jun 11, 2004, 02:02:53 PM »
I know that my son and my ex are on medicaid from the state, cheap (free insurance) from the state. Does that count as public assistance?

If our son doesn't get anymore medical thru her, does that mean that then the CS agency isn't a party anymore or how do you get them out of being a party?

hisliltulip

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RE: how do you ever get child support to sign off on anything?
« Reply #6 on: Jun 11, 2004, 02:23:19 PM »
As far as I know, yes she can withdraw her case with them.

If I were you, I would put in an anonymous phone call to the county and ask them what will need to be done.

I did this when BM had custody of SS.  DH had covered him on his insurance since birth.  She CHOSE to not use it and put him on medicaid.  Then the state tried to come after DH for medical support.

Fortunetly, DH's attorney brought to the magistrates attention that SS had in fact been covered.

Tread lightly here.  You may want to get an attorney to help you with the schmetics of all this.

 

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