Need help on how to make change

[T0052SC]

Here is a little history:
My ex and I are divorced and have 50/50 custody, physical and legal.  I have residence for school and doctor, but because of how much more I make I still have to pay childsuport.  The divorce was done through New Hampshire and my ex and I still live in New Hampshire.

A little over a month ago my ex came to me wanting to change custody over to me.  She basicly only want to see the kids every other weekend.  We both agreed that this was a good change because the conflict and confusion.  We also have been practicing this new custody for almost 3 months now.

We want to make it a permenant order but we don't want to go to court and don't know what the procedure is.  We want to eliminate childsuport for me so I can use this money on the kids and she wants to eliminate having to pay for my son's before and after school program, he is in because of my work (I work 8-5 so he goes to a program that takes him to school and picks him up).

How do we make the change:

1.  Do we just need to rewrite the final stipulation to the changes we want to make and then sign it noterize it and mail it into the court?

2.  Do we need to go to court even if we both agree to the changes?

3.  If it is just drafting up a new stipulation do we need to also submit any other papers, for example finacial afidavid, and childsuport calculator.

My ex and I don't have the money to go through attorneys, so we wanted to do this on our own.  I have a our original final stip in a word doc so if it is just us rewiting, signing it, noterizing it, and sending it in I have discussed it with her and she is all for it.

Any help would be great.

[socrateaser]

>How do we make the change:
>
>1.  Do we just need to rewrite the final stipulation to the
>changes we want to make and then sign it noterize it and mail
>it into the court?

You can file a joint motion to modify custody, on grounds that both parents have agreed that the changes are in the child(ren)'s best interests. You would submit the modified parenting terms and conditions by way of a proposed final order.

>
>2.  Do we need to go to court even if we both agree to the
>changes?

It depends on the judge. Some judges want to look pro se litigants in the eye, before signing a major modification. Other judges just sign if they see that you are both in complete agreement.

>3.  If it is just drafting up a new stipulation do we need to
>also submit any other papers, for example finacial afidavid,
>and childsuport calculator.

This depends on NH law, and I can't give you those details. However, even if that sort of thing is required, frequently if a judge sees that what you have sent to the court is straightforward and requires no additional paperwork, then the court will ignore the other requirements and enter the new orders.

I've never seen a NH pleading, but if the courts have "form' pleadings, then you must use those to submit your changes. If not, then you can use a generic pleading. Either way, if you have an example of a prior pleading that you can scan and email to me, then put everything together the way you have agreed and then you can email it to me at [email protected] (let me know that you've sent something, because I don't ordinarily check that email unless I know someone has sent something to me).

[T0052SC]

You can file a joint motion to modify custody, on grounds that both parents have agreed that the changes are in the child(ren)'s best interests. You would submit the modified parenting terms and conditions by way of a proposed final order.

How do I file a Motion?

Is this a letter to the court that would include the new stipulation?

How involved does the motion have to be about the change in situation, can it just state that both parties want to make the following change for the best interest of the children or does it have to explain?

I've never seen a NH pleading, but if the courts have "form' pleadings, then you must use those to submit your changes. If not, then you can use a generic pleading. Either way, if you have an example of a prior pleading that you can scan and email to me, then put everything together the way you have agreed and then you can email it to me at [email protected] (let me know that you've sent something, because I don't ordinarily check that email unless I know someone has sent something to me).

1.  What are form pleadings?

2.  Is there a special template things need to be writen in?

3.  I have a copy of our current order in word format, I will write it up with the changes and e-mail it over to you, but it wont be till next week.  I will send another message when I do that to let you know.

[socrateaser]

>Is this a letter to the court that would include the new
>stipulation?

No. It's a motion.

>
>How involved does the motion have to be about the change in
>situation, can it just state that both parties want to make
>the following change for the best interest of the children or
>does it have to explain?

Yes, it can do just that.


>1.  What are form pleadings?

NH is in the process of changing to pleadings that are created by the court and the litigants just fill in the blanks. The forms are not available on line, however, the NH Supreme Court website states that they are available at the courthouse. So, you need to get a list of forms and tell me what they are, or I cannot tell you which one to use. There may be someone at the courthouse who can help you if you ask them which form you would use to file a "motion/petition to enter stipulated/agreed orders re custody and support."

>2.  Is there a special template things need to be writen in?

Well, I don't know how "special" it is, but most courts have a particular format for pleadings, and they are all similar, but not exactly the same. I don't have time to read the NH court rules on this issue. Most people just pattern their pleadings to look like pleadings that attorneys have prepared for them in the past. Beyond this, I cannot really offer you much help. If I were to write it from scratch without knowing the correct form for your jurisdiction, I would be very generic, in a legal sense, so that the judge wouldn't likely be annoyed by any discrepencies from the rules, but in the end, the court could kick the pleadings if the judge is particularly anal about paperwork.

>3.  I have a copy of our current order in word format, I will
>write it up with the changes and e-mail it over to you, but it
>wont be till next week.  I will send another message when I do
>that to let you know.

Okey doaky

[T0052SC]

I just sent you an e-mail copy of my 1st rev proposed stipulation to your yahoo account.  Thank you again for profreading this and giving me your opinion on how to form this up.  

I am still unsure how to write up a motion, if you have any examples that I could use as a template I would be greatful.

Thank you again.

[socrateaser]

.

[T0052SC]

Thank you for reviewing the stip.  I am having problems opening your revision, could you resend it.  Word keeps giving me a Runtime error Abnormal program termination.  

Thank you,

[T0052SC]

Forget that last post I got the file to open.  I did have a couple of question:

1.  I your revision you took out the section on child suport, does this have to be in here to eliminate the current modified child support I pay?

2. I your revision you took out the section of education, my intent was for her to help with half on my daughter.  Currently it reads that we only pay for what we each use during our custody time.  Does this need to be included to get her to help with half.

3. In your revision you took out the tax exemption, currently we are to each take one, she has let me take both in the past, does this need to be included so I came always take both?

Thank you,

[socrateaser]

>Forget that last post I got the file to open.  I did have a
>couple of question:
>
>1.  I your revision you took out the section on child suport,
>does this have to be in here to eliminate the current modified
>child support I pay?

You didn't distinguish between what was in the original stip vs. this new one, so I figured you just modifed the custody section and the others were all as they were in the original order. If there are new sections that i omitted, then you need to put them back in. If the sections I omitted were exactly the same in the original stipulation, then you can leave them out of this one, because I expressly provided that all current orders not modified by this stipulation shall remain in full force and effect.

You will also need to modify the motion/order title to include "support" if that's an issue.

>
>2. I your revision you took out the section of education, my
>intent was for her to help with half on my daughter.
>Currently it reads that we only pay for what we each use
>during our custody time.  Does this need to be included to get
>her to help with half.

This is a support issue. See above.

>
>3. In your revision you took out the tax exemption, currently
>we are to each take one, she has let me take both in the past,
>does this need to be included so I came always take both?

This is also a support issue. See above.

[T0052SC]

Thank you for the help.  I have made the changes as you suggested, and the Pastor at my church has pointed me to an attorney that is going to walk me through the process of filing free of charge so we can do this po-se.

Thank again.