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Author Topic: how to stop child support and cs witholding from CS office  (Read 3199 times)

spinner

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Hi Everyone,

My ex and I have been good parents for over a year now, communicating and helping each other.

It's at the point where we decided to put differences asside and really working for our kid together.

we agreed that our son could go to the schools in my school district, schools are better than in hers and we'd drive back and forth.

We agree on time with our son and simply share time, call each other to take care of our son when needed. My ex has realized that out of court and fight, we can work together.
and we actually work great.


We are also aware of the CS law changing in 2007-2008 and have agreed that starting january 2007 we would simply not pay any CS to each other.
Now here is where I come for help.

We would like to draw an order and present it jointly with a joint motion so that we can stop the collection from the CS office so I am looking for a sample order. Something I can use to build the proposed motion and order.

We do not want to change custody nor other stuff, simply:
"both parents are taking care equaly of their children together and neither parties shall pay CS to the other and CS office shall stop any and all witholdings on date, ...."

any help ?


tulip

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RE: how to stop child support and cs witholding from CS office
« Reply #1 on: Jun 22, 2006, 07:53:04 PM »
That's great that the two of you are able to get along now for the sake of your son. I'm glad things are going well.

I have a suggestion for you. Go to the courthouse and ask for a CS order change motion packet. That's probably not what it's called, but there is a standard form you can use to file a motion to change the existing CS order. One part will have a box to check regarding the reason for your change request. Tell them that you are requesting the change because of a change in parenting time. You may have to get the custody order changed, if you haven't already done so. If that's the case, they have a form for that too.

If you have to file a motion to change custody, and there isn't room to put all the details of your agreement, just attach an extra piece of paper and put "see attached" on the form. If you are in agreement, it should be pretty simple. She wouldn't even have to appear in court if you can get her to sign it ahead of time. The judge may order a change in CS with the custody order, or you may have to go to the CS magistrate. If you go to the CS magistrate you want her to appear to tell them you are in agreement.

The problem with this is...If you are agreeing on joint custody, the judge may not go along with it if you have been in there a lot in the past with problems. They don't want to give out joint custody unless they trust you to get along.

I hope it works out for you.

spinner

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here is the answer
« Reply #2 on: Jun 22, 2006, 09:00:36 PM »
Hello,
I went to the court house to ask today and what I need really is a "stipulation"
Basicaly we both write that we are in an agreement and simply ask to terminate obligation on such date, ... both sign and the legal help center put it through for us.

pretty simple

 

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