Consent to Modify Child Support


#1

My husband and his ex wife’s divorce was final over 3 years ago and they made the child support arrangement within that decree on an agreed upon amount bc her vehicle was included in child support. it has been over 3 years and the car is getting ready to be paid off and they have both agreed to a lesser amount and need to have this modified. My husband was advised by a friend that works with Social Services to not go through Division of Child Support Enforcement bc she receives medicaid and government assistance and was told they may try to make things difficult even though the 2 of them agree totally on the amount, bc it is less than the calculator states. Even though we paid alot more than the calculator for 3 years to give her time to get on her feet. the attorney that handled the divorce no longer handles anything civil and any new attorney we call stated it would cost $1,500 which we don’t have and don’t understand since the entire divorce didn’t cost that much. we only need a modification. I found a form online titled Consent Agreement and Order to Modify Child Support Order and we were wondering if we could print and do this form ourselves and take the clerk’s office at court or do we have to got to court and do we have to have an attorney? I wouldn’t think an agreed upon order lower support would be so much trouble.

Thanks.


#2

You may do the consent order on your own, and the court will enter the same so long as both parties consent.


#3

Thank you. I called the Clerk’s Office in our County and they told me that because the child support was implemented into the separation agreement of the divorce and not court ordered and he pays it directly to her then we must need an attorney because they don’t know whether it has to go through their office for a judge to sign or go through the registar of deeds. how can they not know? Is this correct? if it is part of a separation agreement and not court ordered support, does that mean we cannot handle this without involving a lawyer or child support enforcement? this seems way more complicated than it should be for 2 people that agree.


#4

If an agreement is incorporated, it is a court order and a motion to modify is the way to change support.
Keep in mind the clerks are not lawyers, so they are not charged to know these types of things, and cannot give legal advice.


#5

Just a few questions about the Consent Agreement and order to Modify Child Support I printed from this website.
Since my husband is the one that pays child support, would that make him the plaintiff?
For date of current support order, do we enter the date of separation agreement or date divorce was final since it was part of divorce decree?
Under the notary section, can any notary republic fill this out? (curious since it says title of person authorized to administer oaths)
The section where it asks for an IV-D agent or attorney signature, do we leave that blank since doing the form ourselves?
After this is filled out and notarized can we just take it to the clerks office to file?

thank you so much.


#6

Whoever is the Plaintiff if the original action will remain the Plaintiff.
Current order is the date the agreement was incorporated, but make a note that the amount was agreed to on the date the Separation Agreement was signed.
Yes, the notary fills out the notary section.
There is no IV-D agent- so that remains blank.
Take the Order to the clerk and ask that it be submitted to the judge when you have signed it.