I have an active support agreement with my ex-wife for our daughter based on her living with her mother. She now lives with me and the custody has reversed. Her mother has agreed to drop the support case based on the new physical custody arrangement. She cannot take care of our daughter for medical reasons, but visits her freely. Neither one of us wants to go to court. How can we modify the Custody documents as well as cancel the support order without spending money on a lawyer and spending time in court or going through the motions in mediation? Is this possible? I am in California.
2007-08-09 13:26:40 · 7 answers · asked by Sammy 3 in Family & Relationships ➔ Marriage & Divorce
There is no way to avoid going to court for this. An order is an order, and if you don't do it right, it could come back to bite you many years from now.
2007-08-09 13:30:55 · answer #1 · answered by Royalhinney 7 · 0⤊ 0⤋
If there's a court docket order requiring him to pay you a undeniable quantity then He can't circulate against that. He can attempt and document a action to change yet whilst the youngsters are with you probability is it wont substitute except there has been a metamorphosis in earnings. As for the time that 2 of then infants have been residing with him i do no longer understand technically he ought to circulate when you for help for that quantity of time consistent with what the state rules are. even although you had an contract the court docket order generally overrides the contract pretty whilst the order replaced into in place ahead of the preparations the two one among you made. He would not make the regulations. The courts do. If he needs to push the situation you ought to document a criticism with the courts and he could properly be help in contempt. examine alongside with your community toddler help enforcement business enterprise they are able that should assist you out.
2016-10-02 00:27:46 · answer #2 · answered by ? 4 · 0⤊ 0⤋
You have to go to court, but you don't necessarily need a lawyer. Where I live (NY) all child support paperwork is filed through the probation dept and handled by the county Child Support Enforcement Unit. You should never modify anything on your own.
2007-08-09 13:50:09 · answer #3 · answered by fnd40 4 · 0⤊ 0⤋
im going through the same thing i pay my ex husband support but i have the kids. (i got screwed during the divorce, i was a stay at home mom he proved i was not financially stable blah blah...) i wanted to get it where i wouldnt have to pay him to "not" have the kids. but i was told the only way that can happen is if you go to court change custody and they said someone always has to be paying support. i think thats crap but i dont make the laws.
2007-08-09 15:45:44 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Only thing i can think of, is that u draw up ur own papers, both of u notorize it.. and u keep paying the support to her and she hands it right back to u .. thats about the ONLY way u can do this with out going back to court..
2007-08-09 14:07:59 · answer #5 · answered by brwneyedgrl 7 · 0⤊ 1⤋
You can't. If the money is taken directly out of your paycheck you will need a court order to change it. I
2007-08-09 13:31:39 · answer #6 · answered by Donna J 2 · 0⤊ 0⤋
Call the court house and ask for assistance in this matter, they have free lawyers / public assistance to help you.
Best of luck to all of you.
2007-08-09 13:32:06 · answer #7 · answered by kim t 7 · 0⤊ 0⤋