What to file?

[Imom]

I filed a motion for custody and counseling and for child-support.

My ex and I have signed a stipulated agreement that settles all matters of custody and counselinng, he wants the court to address child support we both are pro se.

There has not been a date set as I called today. I am at a loss as what to file? We want to ask that the court adopt and order the stipulated agreement but still need to address the cs modification...

1. What would be a proper title for this motion?

[wysiwyg]

I will take a stab at this - I am not an attorney so please do not take this as legal advice, BUT, when we had to file to have a hearning set, our attorney filed a Motion to set hearing ....................

[HelpingHands]

Joint Motion To Order Stipulated Agreement

I believe that is what it is called... I'd have to go look up the post Soc answered for me, to be sure. It probably varies from court to court- but you could always call the courthouse, or go down in person and ask what form you would need to file similar to the one above.

Explain it to them and ask what they require to order such an agreement. Be prepared to spell out everything you wish to have ordered in the agreement.

[FLMom]

As I'm dealing with this right now, I have my paperwork out. Here's how mine is written:





IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT IN AND FOR ____________ COUNTY, YOURSTATE

CASE #____________
FAMILY LAW DIVISION



XXXXX,                                                  
PETITIONER                                            

AND

YYYYY,
RESPONDENT


STIPULATED AGREEMENT TO ESTABLISH OR MODIFY CUSTODY AND CHILD SUPPORT (underlined)

The parties have voluntarily entered into this stipulated agreement, and ask the Court that these changes be amended to the previous Order. (or, you could also say be entered as an Order, depending on if you have one already or not)

1. Agree to blah blah blah.
     a. Mother shall do this.
     b. Father shall do this.

2. Next issue.

3. Next issue.

4. Next issue.

5. All other orders not specifically modified herein remain in full force and effect (if you have a previous order and you want some of the items to stay the same).

6. Parties request that this Court reserves jurisdiction over the parties and subject matter of this petition.

                                                       Respectfully Submitted,
     

                                                       _____________________
                                                       XXXXX, Petitioner


                                                       _____________________
                                                       YYYYYY, Respondent


Remember, even if you two have agreed to stuff, you still have to "ask" the court to put it into effect. So, what you are making is a motion for a stipulated agreement. What the judge will type out and sign and order is a stipulated agreement or order.

As far as child support, you'll need to see what Indiana's statutes say about child support calculations. If you go to your local family law library, or even easier, look online for your state's family law forms, much of this is written out on it. It will probably tell you what forms you'll need to file with what, and how to make the calculations yourselves. If you agree on a certain amount that isn't what the guidelines say, you may have to file another paper that explains why you are deviating from the state-decided amount. Look for:

*Family Law Financial Affidavit
*Family Law Child Support Guidelines Worksheet
*Motion to Deviate from Child Support Guidelines
(every state will be a little different, so look for something similar)

These papers will probably have a section that tells you how to fill it out, and what other forms need to accompany it when you file.

Good Luck,
FLMom


PS- Your signatures will need to be notarized since you are doing this Pro-Se.

[FLMom]

Just for the heck of it, I went and looked online to see what Indiana had in the way of family law forms.

Here is a link to a site I found---this may be what you are looking for:

http://www.in.gov/judiciary/selfservice/forms.html

It has the forms broken down by county towards the bottom.

FLMom

[Imom]

I filed a motion for custody and counseling and for child-support.

My ex and I have signed a stipulated agreement that settles all matters of custody and counselinng, he wants the court to address child support we both are pro se.

There has not been a date set as I called today. I am at a loss as what to file? We want to ask that the court adopt and order the stipulated agreement but still need to address the cs modification...

1. What would be a proper title for this motion?

[wysiwyg]

I will take a stab at this - I am not an attorney so please do not take this as legal advice, BUT, when we had to file to have a hearning set, our attorney filed a Motion to set hearing ....................

[HelpingHands]

Joint Motion To Order Stipulated Agreement

I believe that is what it is called... I'd have to go look up the post Soc answered for me, to be sure. It probably varies from court to court- but you could always call the courthouse, or go down in person and ask what form you would need to file similar to the one above.

Explain it to them and ask what they require to order such an agreement. Be prepared to spell out everything you wish to have ordered in the agreement.

[FLMom]

As I'm dealing with this right now, I have my paperwork out. Here's how mine is written:





IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT IN AND FOR ____________ COUNTY, YOURSTATE

CASE #____________
FAMILY LAW DIVISION



XXXXX,                                                  
PETITIONER                                            

AND

YYYYY,
RESPONDENT


STIPULATED AGREEMENT TO ESTABLISH OR MODIFY CUSTODY AND CHILD SUPPORT (underlined)

The parties have voluntarily entered into this stipulated agreement, and ask the Court that these changes be amended to the previous Order. (or, you could also say be entered as an Order, depending on if you have one already or not)

1. Agree to blah blah blah.
     a. Mother shall do this.
     b. Father shall do this.

2. Next issue.

3. Next issue.

4. Next issue.

5. All other orders not specifically modified herein remain in full force and effect (if you have a previous order and you want some of the items to stay the same).

6. Parties request that this Court reserves jurisdiction over the parties and subject matter of this petition.

                                                       Respectfully Submitted,
     

                                                       _____________________
                                                       XXXXX, Petitioner


                                                       _____________________
                                                       YYYYYY, Respondent


Remember, even if you two have agreed to stuff, you still have to "ask" the court to put it into effect. So, what you are making is a motion for a stipulated agreement. What the judge will type out and sign and order is a stipulated agreement or order.

As far as child support, you'll need to see what Indiana's statutes say about child support calculations. If you go to your local family law library, or even easier, look online for your state's family law forms, much of this is written out on it. It will probably tell you what forms you'll need to file with what, and how to make the calculations yourselves. If you agree on a certain amount that isn't what the guidelines say, you may have to file another paper that explains why you are deviating from the state-decided amount. Look for:

*Family Law Financial Affidavit
*Family Law Child Support Guidelines Worksheet
*Motion to Deviate from Child Support Guidelines
(every state will be a little different, so look for something similar)

These papers will probably have a section that tells you how to fill it out, and what other forms need to accompany it when you file.

Good Luck,
FLMom


PS- Your signatures will need to be notarized since you are doing this Pro-Se.

[FLMom]

Just for the heck of it, I went and looked online to see what Indiana had in the way of family law forms.

Here is a link to a site I found---this may be what you are looking for:

http://www.in.gov/judiciary/selfservice/forms.html

It has the forms broken down by county towards the bottom.

FLMom