Is the current automatic deduction through the state and/or court order or by agreement? If it is by agreement then I believe that you could agree with the ex to settle for an amount without going to court and however the employer was notified of the deduction to begin with could be used to change it. If this was through the state by agreement, then I believe that in order for the amount to change you would need to have the state send through a form to the employer. Maybe even ask the employer what they require to change this amount…it may be as simple as filling out a form.
You know that a court order can only be changed by a judge…even if all parties agree a judge will still have to sign off on it.
Court needed? support amount change
stepmother
#1
mal
#2
yes, I find out that they can go to Child Support offices and sign an agreement (if they can agree on amount) which will be sent to the judge and entered as a court document and then to the employer to change things. Just frustrating that she is making us (once again) have to go the expensive legal route.
If they are able to agree on a modification they can do so via a consent order. Once a consent order is entered, the amount of the automatic withdrawal can be changed. If you want to know the proper amount of child support you can use the child support calculator available on our website.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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mal
#4
Just to provide an update on this post. While we tried to avoid using the lawyers and court and settle the custody amount with a consent order we were only marginally successful. Our e-mailed offer to settle with a consent order was sent by the ex on to her lawyer and then of course ours so the fees continued. Ex dragged the whole process out to the last possible day before she negotiated with us on an amount. I guess we did save a fair amount in time and court costs.
I don’t know if there are any lessons to be learned from this since everyone and every situation is different. I would say that trying the consent order route is worth a shot. I would also highly recommend that you follow up on this. We found that somehow between the clerk and the judge and the child support offices the case # had been written incorrectly so we ended up waiting 8 weeks to see the amount change - instead of only a few weeks.
mal
#5
We have a few significant circumstances (more overnights/custody, increased child care costs, child aging out, decreased income) and have filed for modification of support. Currently support is automatically deducted from my husband’s pay. He has already filed a motion to modify and been met w/ subpoena’s to produce financial information (which he did) - still doesn’t show the type of income his ex believes he has. Do we have to continue along this route to court? Can we try and settle w/ her out of court at a certain amount? If we do that how do we get the automatic withdrawal to end or change?