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Changing agreement....

Started by ocean, Aug 28, 2004, 06:25:50 PM

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ocean

Hi,
We are in NY.

My Ex and I have separation papers that we filled out and filed with the county clerk. These papers address child support (and visitation). Child support is direct deposited into my checking account without CSE involvement at all.

1. Since these papers were stamped by the clerk, does that make the child support "court ordered"? (We never saw a judge)

2. We have agreed to raise the amount and include after-care fees. Can we write this up and file this with the clerk and become "official"?

I guess it comes down to:

3. If he stopped paying, do these papers hold up in court?

Thanks for all you do here!


socrateaser

>1. Since these papers were stamped by the clerk, does that
>make the child support "court ordered"? (We never saw a
>judge)

If the papers aren't signed by a judge, or unless the clerk is authorized to "order" legal separation, is is the case with a "writ" of execution or garnishment, then it's not ordered, and it has no legal authority.
>
>2. We have agreed to raise the amount and include after-care
>fees. Can we write this up and file this with the clerk and
>become "official"?

Same answer as above.

>3. If he stopped paying, do these papers hold up in court?

I really don't have a clue. I doubt it, but there may be some special laws in NY of which I'm unaware.