alexlakeman
03-09-2009, 05:02 AM
Ex wife has agreed to a lower amount in c/s payments. I filled out the "modification of child support" application from the state, but now she was told by her attorney that we'll need to supply tax returns and check stubs together with the application to the court. Plus, that it's the Court's decision to modify or not, even if BOTH parents agree on a number. Is this the law? Is there a statute covering this that I could look up online?
I want to keep it simple...I don't know if the attorney is complicating it to get herself on the case or can we truly just file the modification, court confirms that father / mother are in agreement, and the modification is signed by the court.?.....
ShakinThingzUp
03-09-2009, 07:28 AM
Call your Child Support Enforcement agency and talk with your caseworker. He/She will be able to answer all your questions. Usually, those documents are required for any modification, but if the two of you agree on an amount, the judge takes that into consideration.
As long as the judge feels the child is going to be taken care of and the parties are in agreement, then the judge will usually grant the order. I stress that the judge needs to feel the child is taken care of ......... the tax documents, etc. are one way for him to determine this --- by seeing the income to the child's home, etc.
In my husbands case, they simply filled out a form given to them by the child support enforcement agency and filed for modification through them... no lawyers necessary (NC). Your state may have different requirements, but your child support enforcement agency should be able to answer your questions.
God bless!
Amy
alexlakeman
03-10-2009, 08:32 PM
Thanks for the response... I'll have to give them a call, I found the # yesterday...
mom2cdm
05-27-2009, 09:47 AM
Would like to know what ever happened in your situation. I am in a similar one where my ex has agreed to temporarily suspend child support as I am unemployed and have no income & have been trying diligently to obtain any employment to no avail!
alexlakeman
06-03-2009, 03:41 PM
Would like to know what ever happened in your situation. I am in a similar one where my ex has agreed to temporarily suspend child support as I am unemployed and have no income & have been trying diligently to obtain any employment to no avail!
Nothing...when it came to signing she declined... all talk.
you are in a different situation if unemployed... Need to file that with child support services.