Service

[Ref]

I'm not sure what is going on. BM agreed to get paid her CS through the court and to an increase to a certain number. Now she has filed with the clerk to the increase but states that payments are to made directly to her.

Parts that confuse me are, there were 2 documents, the Supplimental Petition and the Stipulation and Agreement that she filed at the same time. She had them both notarized with the wording that they agreed on but after the fact whited the wording out and wrote in that payments are to go to her directly.

She never filed a certificate of service for these forms but she filed the forms (who knows which) with the court.

Her petition to modify has several, cosmetic errors such as the original date of the original CS order and the amount that DH makes.

So these are my questions,

1. Are the notorized documents valid if she alters them afterwards?

2. We are not sure which items that she filed with the court but are sure she didn't file a certif of service. When do people have to file these things?

3. Is DH technically served with these items if they were not properly notorized to begin with?

4. Is there any way he can file in agreement and then apply to have CS processed through the clerk within the next couple of months? What are the chances?

5. She sent him an unaltered copy of the Stipulation and Agreement that was notorized. It has everything that he was looking for. The only difference anyway is the method of payment. Can he sign that and have it notorized and submit that to the court? Would that do any good?

She stated before that she wanted CS payments sent directly to her because her check gets to her on the 3rd or 4th of the month instead of the 1st, so DH is constantly late in payment. He does not want to send her $ directly because she has lied to him, his lawyer and the judge constantly and he  is afraid she will lie about CS payments too.

6. Any other advice?


Thanks again. You are my hero

Ref

[socrateaser]

>So these are my questions,
>
>1. Are the notorized documents valid if she alters them
>afterwards?

Well, by submitting them without telling the court of the modifications, that would be a misrepresentation. However, if you're not damaged by the misrep, then it's no harm, no foul.

>
>2. We are not sure which items that she filed with the court
>but are sure she didn't file a certif of service. When do
>people have to file these things?

You file proof of service simultaneous with the filing of the documents that were served.

>
>3. Is DH technically served with these items if they were not
>properly notorized to begin with?

Yes.

>
>4. Is there any way he can file in agreement and then apply to
>have CS processed through the clerk within the next couple of
>months? What are the chances?

Generally, all support payments must be paid through the court/state collection unit. You could file a motion with the court for an order instructing payments to be made through the court, on grounds that said orders were already agreed to, and that the other party altered the stipulated order after the fact.

If you prove this, then you will get your order, and the other parent will probably get a day in jail. You can also get your court costs and attorney fees reimbursed.

>
>5. She sent him an unaltered copy of the Stipulation and
>Agreement that was notorized. It has everything that he was
>looking for. The only difference anyway is the method of
>payment. Can he sign that and have it notorized and submit
>that to the court? Would that do any good?

Irrelevant. See above.

>
>She stated before that she wanted CS payments sent directly to
>her because her check gets to her on the 3rd or 4th of the
>month instead of the 1st, so DH is constantly late in payment.
>He does not want to send her $ directly because she has lied
>to him, his lawyer and the judge constantly and he  is afraid
>she will lie about CS payments too.
>
>6. Any other advice?

Not at the moment.
>
>
>Thanks again. You are my hero

I am?