How to change order?

[ocean]

Dh has nothing in his divorce papers about how many days to get us receipts that he splits (medical and activities). He just went into court over past bills and judge told him to "write a stipulation of agreement" that BM has 30 days to give DH any bills. Judge said to do this before the next court date.
The issue is that from my understanding a stipulation is an agreement by both parties. We know BM will not sign anything.
So do we file modification of child support? Is that included in child support...just to say the numbers of days. The issue came up that we are dealing with bills from 2007 now and judge told her no more, needs to be changed.
Thanks!

[brwneyedmom]

You are much wiser than I, but I read it as it is a judge's ruling and for your DH to write it up. Don't include it with CS. She could turn in old bills to CS and they would collect them. Not everyone reads an order.
Make her send the EOBs and balance info to you every time. Even though you don't want to hear from her.

[ocean]

The medical she already lost because the kids have double coverage. BM brought in old bills before her insurance paid out. Judge threw it out and said she had to use both insurances. Now we are dealing with activities and school trips that are 5 years old. Judge searched order for the 30 days or something and they never had it so he said he wants it in.

Hmm, So we write it up, bring it to court and he will order it?.. sounds good. I am going to have DH go down to the filing office and see if they will help him. All forms are online but I do not see a stipulation paper. DH refused to pay for a lawyer for the last court date knowing the kids were double covered and he can win that part. I told he we may have to pay for a lawyer just to write this up for us.

By the way, any of you split school trips? (not talking expensive, splitting $7.50???) Last time, she was told it was part of child support so we will see on that....never split it since their divorce.

[Kitty C.]

In DH's order, the judge specifically stated that CS was to INCLUDE clothing, school expenses, and extra-curricular activities.  DH has always helped anyway (football can get pricey!), but put his foot down when she would send him in second-hand rags when SS was a toddler.

Now she's bitching because she had to fork over money to SS for a tux for prom.  SS is already borrowing my NEW car and DH is giving him some money, so he told BM to suck it up...especially since there are NO MORE orders between them anymore!

[MixedBag]

Stipulated agreement yes, means both sign and agree.

So Dad was IN COURT when judge said draw this up.  Sounds like if she won't sign, he will order.

So, what I would do is to draw up a simple, like totally simple document that states both parties agree to exchange receipts within 30 days.  Leave all other subjects out of it.

Then send Mom a copy and give her 2 weeks to sign with a notorized signature and get it back to Dad.  Dad then signs....and send it to the court with a request that it be turned into an order.

If Mom doesn't sign, or cooperate, then I would  file a simple motion -- containing only this subject -- and state the history (Comes now the Dad with a Motion before the courts requesting that the court sign the attached order.   On XXXDate,  Judge X stated that Mom and Dad were to enter into a stipulated agreement.  Mom was sent a stipulated agreement via certified mail as directed by the court and refused to sign and return to Dad.)

Then attach a blank order for the judge to sign.

Keep it simple....and maybe that will work.

I'm no attorney, but that's what I would do.

Oh and the county won't have an example...

Just follow the headers on other orders, and the subject line in the middle becomes "STIPULATED AGREEMENT"
Both sign with notorized signature.

Again, that would be my guess.