Filing for summer visit support modification

[heavenly2]

 
    Dear Socrateaser,

   We went to the child support hearing in Arkansas this morning.
   (we live in Missouri)

   Hubby and the Lawyer for the CS enforcement came to an agreement on the cs modification. 20.00 more per week.

  Hubby asked her about the reduction of support during the 8 weeks that we have them for summer and she said that we could not settle that today, but that we had to request it, which meant that Hubby would have to file a petition, she said that she would agree to it because he wasn't asking for anything unreasonable.

   When we did have a lawyer he never mentioned that we could have this done or we would have done it 3years ago.

 As I mentioned in my other post, we are pretty strapped for money because of my back surgery.
 So Our questions are...................

  1. Can we write this petition up and file it ourselves?

  If the answer to this is Yes.................

 2. Could you give us a rough draft on how to do this?

 If the answer is no.........

 3. Could you tell us if there is any sites that we could go to to help us?

  The way we want to file it is  they  prorate the support all year round insted of just reducing during the summer.

  Thank you all so much for the help and all of the information that you have provided us with.
It is most sincerely appreciated.

   God Bless,
  Heavenly2

 

[socrateaser]

> So Our questions are...................
>
>  1. Can we write this petition up and file it ourselves?

You can, but, what makes you think that the CS enforcement officer will live up to his/her promise. I'll bet you that if you file the motion, you will receive stiff resistance, and that you will lose on the merits, because you don't actually have a case. Support is intended to consider all of your custodial time, so by getting relief during the time you have custody, your net support falls below guidelines and the court will not order that without a stipulation from the other party.

I believe that you've had your leg pulled, however, if you want to test this theory for free, then send a letter to the enforcement officer confirming your oral agreement to stipulate and restate the terms, and then tell them that if you do not receive a response within 10 days, that you will prepare a stipulated order for the officer's approval.

Then wait for your response. I believe it will be something on the order of "Huh? I never agreed to any such thing."

[heavenly2]

   Dear Soc,

   Okay you have confirmed my thoughts that it was too good to be true.
 I was not allowed to go and talk with her, or I would probably have asked for something in writing right then.

 I will have Hubby write the letter that you suggested and when and if we receive an answer I will let you know what it says.

 Could you give us an idea on how to write it and what to ask?

 Would it be something to the effect of...........

 Dear  So and SO
 
  I am writing this letter in re of our conversation on the 9th of March concerning the modification of support during summer visitation?

  Thanks for all of your help, I appreciate everything.
           Heavenly2

[socrateaser]

>
>   Dear Soc,
>
>   Okay you have confirmed my thoughts that it was too good to
>be true.
> I was not allowed to go and talk with her, or I would
>probably have asked for something in writing right then.
>
> I will have Hubby write the letter that you suggested and
>when and if we receive an answer I will let you know what it
>says.
>
> Could you give us an idea on how to write it and what to
>ask?
>
> Would it be something to the effect of...........
>
> Dear  So and SO
>
>  I am writing this letter in re of our conversation on the
>9th of March concerning the modification of support during
>summer visitation?

At that time you stated that you would not oppose a motion to reduce/eliminate support by $X per pay period during my 8 weeks of summer visitation. I would now like to confirm this and provide a stipulated order to that effect for your approval.

If I do not receive a response from you by ??/??/?? (10 days), I will prepare the stipulated order and send it to you for your signature.

Thank you in advance for your kind attention. If you have any questions or concerns please do not hesitate to contact me immediately.

Very truly yours,

YOURNAME
Respondent Pro Se