Deadbeats - filing a motion to stop child support payments

"Phil #3" wrote in message
ink.net...

"Bob Whiteside" wrote in message
hlink.net...
snip


I paid an attorney $50 for a 30 minute consultation on how to close out
the
money judgements. He gave me a copy of the state law regarding how to
proceed. My case originated in a different county, and not surprisingly,
that county does not follow the state law. They have their own procedure.
When I ask for the procedure they told me they couldn't give me legal
advice. It was like Catch-22. My suggestion is it may not be as straight
forward to close out the money judgement as you might assume.


I'm not making any assumptions, just looking for how to proceed when the
time comes; of course, I want to know *before* the final day but I just
can't seem to find anything.
Due to my situation, if necessary I would have to hire another liar....
er... lawyer to file for me and follow through to the end. I'm unsure if
the original court order would be sufficient to end the C$ based on the
terms of the order, or if I must obtain a new court order ending the C$.
*That* is what I'm having trouble finding case or legislated law concerning.
Phil #3

In general terms, in most states, what you need to do is file a motion
requesting that the order to pay child support be vacated on thus-and-such day
(the end of whichever month it is). You need a notarized affidavit to go along
with the motion, simply stating that in the month declared in the motion, the
child is above the indicated age that your divorce specifies, and at the
education point that your divorce specifies (over 18 and gratuating from high
school), and that, as per your divorce, you want an order ending the child
support payments.

You file the motion with the accompanying afidavit with the court - do it in
person and request a hearing date - they should be able to schedule it right
there. Since it isn't a contempt motion, there will probably be a filing fee,
so be prepared - you may want to call the court house and ask what the filing
fee is, ahead of time, if your finances are close. Try to file your motion at
least 3 months before you want the child support payments to stop, so that
there's time for it to be scheduled and heard without you ending up overpaying
while you wait for your court date. In the courthouse where I live, there is a
separate 'room' for the family court filings, and the judge's scheduler is right
there.

Bring 4 or 5 copies of the motion, with the hearing date left blank (you'll
understand once you see the motion template), and some emvelopes and stamps.
Once you have the date for the hearing, you need to send a 'conformed copy' to
either your ex, or her lawyer if she still has the lawyer on record. All that
the conformed copy is, is a completely filled out motion, with the court hearing
date on it. Best thing to do is to send a conformed copy to each, so that she
can't complain she wasn't properly served.

When you go to court, bring your copy of your divorce, where it specifies the
conditions under which the child support stops. It should be relatively
straightforward, and you shouldn't need a lawyer - you're simply asking to
courts to enfore what your divorce specifies.

If you need a blank template for the motion or the affidavit, let me know on
here where you want it sent (what email address) and I'll get it to you.

"Moon Shyne" wrote in message
...
"Phil #3" wrote in message
ink.net...

"Bob Whiteside" wrote in message
hlink.net...
snip


I paid an attorney $50 for a 30 minute consultation on how to close
out
the
money judgements. He gave me a copy of the state law regarding how to
proceed. My case originated in a different county, and not
surprisingly,
that county does not follow the state law. They have their own
procedure.
When I ask for the procedure they told me they couldn't give me legal
advice. It was like Catch-22. My suggestion is it may not be as
straight
forward to close out the money judgement as you might assume.


I'm not making any assumptions, just looking for how to proceed when the
time comes; of course, I want to know *before* the final day but I just
can't seem to find anything.
Due to my situation, if necessary I would have to hire another liar....
er... lawyer to file for me and follow through to the end. I'm unsure
if
the original court order would be sufficient to end the C$ based on the
terms of the order, or if I must obtain a new court order ending the C$.
*That* is what I'm having trouble finding case or legislated law
concerning.
Phil #3

In general terms, in most states, what you need to do is file a motion
requesting that the order to pay child support be vacated on thus-and-such
day
(the end of whichever month it is). You need a notarized affidavit to go
along
with the motion, simply stating that in the month declared in the motion,
the
child is above the indicated age that your divorce specifies, and at the
education point that your divorce specifies (over 18 and gratuating from
high
school), and that, as per your divorce, you want an order ending the child
support payments.

You file the motion with the accompanying afidavit with the court - do it
in
person and request a hearing date - they should be able to schedule it
right
there. Since it isn't a contempt motion, there will probably be a filing
fee,
so be prepared - you may want to call the court house and ask what the
filing
fee is, ahead of time, if your finances are close. Try to file your
motion at
least 3 months before you want the child support payments to stop, so that
there's time for it to be scheduled and heard without you ending up
overpaying
while you wait for your court date. In the courthouse where I live, there
is a
separate 'room' for the family court filings, and the judge's scheduler is
right
there.

Bring 4 or 5 copies of the motion, with the hearing date left blank
(you'll
understand once you see the motion template), and some emvelopes and
stamps.
Once you have the date for the hearing, you need to send a 'conformed
copy' to
either your ex, or her lawyer if she still has the lawyer on record. All
that
the conformed copy is, is a completely filled out motion, with the court
hearing
date on it. Best thing to do is to send a conformed copy to each, so that
she
can't complain she wasn't properly served.

When you go to court, bring your copy of your divorce, where it specifies
the
conditions under which the child support stops. It should be relatively
straightforward, and you shouldn't need a lawyer - you're simply asking to
courts to enfore what your divorce specifies.

If you need a blank template for the motion or the affidavit, let me know
on
here where you want it sent (what email address) and I'll get it to you.

Even if it is this simple, I get 3-8 days (Saturday, Sunday and part of
Monday, usually) at home. The rest of the time I am 1074 miles from home. I
suppose I could schedule a vacation for that time. I'll think of something,
thanks,
Phil #3