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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. |
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Deadbeats - filing a motion to stop child support payments
"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 |
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