AGREEMENT to MODIFY CHILD SUPPORTWHEN ALL PARTIES WILL SIGN AGREEMENT to MODIFY AGREEMENT to MODIFY CHILD SUPPORT WHEN ALL PART Form
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Are verbal/text agreements to modify child support enforceable in GA?I can’t speak for Georgia. Never even been there. But I would be very surprised if they were. If there is a court order for support, it is very unlikely that order will cease to be in effect simply because of some text agreement. I feel comfortable saying that in ANY jurisdiction, the correct course of action would be to immediately file a motion to modify support, and use the texted agreement as evidence that there was an agreement to modify, so that you can get an official court order. Another course of action would be to convert the texted agreement in to an official stipulation that is filed with the court and signed by a judge.
If my ex and I agree to petition to modify the relationship between my child and I, remove child support, could they still put me back on Child support at a later time even though we were in agreement?First off, questions like this will have different answers in different jurisdictions, so consult a legal professional familiar with the laws where you live.In general though, the state is going to assume some level of concern for the welfare of the child here. Any written agreement between you and your ex can be nullified or changed retroactively if the courts decide that the provisions in it aren’t in the best interests of the child. They generally won’t do that unless one of you petitions it to do so, or some third party with a vested interest intervenes (such as child services, etc).Bottom line is that you can’t “agree” to deprive your child of the resources needed for their healthy development, so if the court later deems that you weren’t contributing a sufficient amount, they can usually move to address that.
Is there any limit to how often you can ask to modify child support?Yes and no.There isn’t anything as a rule stopping you from filing as many petitions as you want. There probably will be limits to how often the court is willing to modify support, though. The need for continual modifications is muted by provisions requiring the court to consider average income in setting the order, and there is a signNow state interest in avoiding too many modifications, as every time modification is granted, there is a good deal of accounting work that needs to be done to refigure the arrears and so forth. By opposing trivial modifications, we are working for the taxpayers.Cost to the litigants and judicial efficiency in general is also an unwritten factor that may weigh against modification. Even for unrepresented parties, having to come in for repeated hearings is a burden. It costs money for lawyers, whether it’s me as the IV-D attorney or private counsel or both. There is one particularly contentious matter that has been bouncing back and forth between the Master, the Judge, and Superior Court recently where the amount in controversy might be $ 100 per month; the parties have probably spent tens of thousands in attorney fees over this $ 100 per month. That’s the sort of case that just isn’t worth arguing about, and the court at oral argument the last time made this remark in so many words.Although I haven’t personally been involved a case that was quite egregious enough to justify this (I know of one where it’s possible this might happen, though), the court could even consider awarding sanctions against a party who files repeated unsuccessful petitions to modify.Support can and should generally be modified on a showing of material change of circumstances. The passage of three years is deemed to be a change of circumstances (this is also part of the federal IV-D Act which requires states to offer a “review” once every three years; some states may allow reviews in shorter periods). Several states have provisions that define “material change of circumstances” as something that will change the amount of the order by some figure. This seems to be 15% in Florida. We don’t have a specific threshold for “materiality”, but I’ve seen modifications denied where the Master or the Judge concluded the modification would be de minimis. (For instance, where a $ 500 order would be recalculated under new income figures as $ 495, the court may just say “close enough”.)It’s the petitioner’s burden to show that there have been relevant changes in circumstances. If I see a case in my work as the IV-D attorney where I see that we have extremely recently heard the case, I will simply suggest that the court take judicial notice of its findings in the existing order, take the testimony of the moving party as to why they think anything has changed, and decide the case without a full hearing.
How do I find out if he is still paying child support to his older child's mother?Unless you are a party to the case, or a good friend of the mother, you don’t. It’s really none of your business. If he owes child support to you, your local child support agency can find out what needs to be known in order to collect.
How will I know the state where the child support is being held? What can I do to modify the child support payment?Where was the original court order done? Is anyone living in the state where the original order?For example, if mother and child live in Indiana and you live in California and it’s a California order, California would modify.If mom and child are living in Indiana and it’s a California order, and you are in Illinois, the order would have to be registered and modified in Indiana. If mom wanted the modification, Indiana would have to modify.This is helpfulhttps://www.maximus.com/sites/de...Someone else suggested that it is a percentage of your income, and in a way that is correct… however it’s much more than that. Child support calculations take in account how much each party makes. They also look at parenting time because you can get credit for overnights sometimes there are stipulations for medical insurance depending on what state you live in.What if when the order was created you had a decent job and you were making a lot of money per year but now you are unemployed or under employed? If you make much less than you did when the original order was created it is very possible a modification is warranted. The other party doesn’t have to agree, it’s all based on numbers. It would not seem right to be paying the same amount of support if you were barely making it trying to make ends meet at a job where you’re making 30 grand when you used to make 70 grand. (For instance)In my office we take it to court only if there is a 20% deviation. I’m not sure how it is in other jurisdictions, but if the support order will only change by a couple dollars it is not going to go to court.You can go through a private attorney, file on your own, or you can go to the local child support office in your county. You can open up a case if you do not already have a case in the office and request that they assist you with the modification.
How easily can a parent modify child support for his/her child to include college expenses in Nebraska?You should speak to your attorney about that.In my state, child support stops when the child turns 18 (and is no longer a minor) unless the non-custodial parent agreed to pay for college as part of the divorce settlement. There’s otherwise no mechanism for a judge to modify court-ordered child support to include college expenses. The other parent can always do it voluntarily. But maybe Nebraska is different.
I am filing for a divorce, and I don't want child support from my wife. Is there a form to fill out?You need to sek an answer from your attorney. Social media is not the appropriate place to ask this question.
How is it fair to force a man to pay child support if he doesn't want to be a father?I have to, with a rather heavy heart, disagree with some people I have really come to respect here.A pregnancy happens in a woman’s body. That means the right to decide whether to continue to terminate or continue the pregnancy is absolutely hers and hers alone. The right to bodily autonomy is absolute. No one else should be able to either force her to terminate a pregnancy or prevent her from doing so.But I am very disappointed to see people who would (quite properly) recoil in horror from telling women “If you don’t want an unplanned pregnancy, just don’t have sex!” tell men the very same thing. That is unacceptable and not at all equitable.People have sex, often with no plan on becoming parents, often with deliberate measures to prevent that. Sometimes, the best laid plans go awry and a pregnancy occurs anyway. The prospective mother already has, essentially, an “opt-out” if that is to happen, that being the option to terminate the pregnancy. The prospective father, in the interest of fairness, should also have the right to say “I am not ready to be a parent and do not want to be.” Obviously, he cannot terminate the pregnancy, and we could not ethically allow him to force the prospective mother to terminate (or to refrain from doing so), so we need a different solution.So, enter the paper abortion. Upon being notified of paternity, the would-be father has a certain period of time to choose to reject parental rights. This would be a total rejection of any such rights; he would be legally a stranger to the child.The time would be some reasonable period, 60 days should suffice. However, it would be upon first notification of paternity. No “Hey, this kid is yours, and you owe me money for the past 15 years.” In that case, the 60 days starts ticking as soon as he receives that notice, provided he was never notified beforehand. The expectation would be that the father would be notified immediately upon the mother finding out she is pregnant and will then be able to make the decision in time for the mother to know it and then decide what she wants to do.But it is simply inequitable for one prospective parent to have all the decision making power but both to be held responsible. If one prospective parent has an opt-out, both should. And I find it frankly shameful for people who I like and respect to say “Oh, didn’t want a kid, don’t have sex!”. That’s the rhetoric of anti-choicers who consider kids a “consequence” of daring to be sexually active. That’s unacceptable to do to women and it’s unacceptable to do to men.Paired with that, of course, would need to be a proper social safety net to ensure that a single parent can care for and raise a child. That’s not only necessary in cases where the father rejects parental rights. What if the father very much wants to be a father, but dies before the child is born? Should the child not still be properly cared for?So, to properly solve the problem, we need to eliminate the need for child support. A child should be cared for no matter what, even if one of their parents is absent, or has died, or whatever has you. It is the responsibility of society to ensure that children are properly taken care of, and I’m more than happy for my taxes to go toward that end. It shouldn’t depend on extracting money from an unwilling parent.
My ex-husband has not paid child support for 3 months. I live in the UK, he lives in Mississippi, USA. What can I do to enforce the child support agreement?UKNot a lot…oIf he has property in the U.K. you could apply to have a charge laid against them.If he is paid by a U.K. company you could get an attachment of Earnings.If he has U.K. bank accounts you can get them ftozenOR you could apply to have him declared bankrupt.But if he has moved back to the US for good, has sold any U.K. property, closed his bank accounts and is now employed by a company in the US, bankruptcy is the option. It is expensive and still won’t get you your money.