Blended Families

Is there a way to change CO without going to court/mediation?

DH and BM have everything 50/50 and things are going great. However with a baby on the way DH and I want to make sure things are in order before he gets here. (Our Wills, budget, etc.)

DH just wants to change a few thingsin the court order like who will pick up.drop off SD when she starts school next year, re-establish their days/nights(it's changed since their divorce), and he wants to split 50/50 the extraordinary medical costs for SD. Right now he pays her medical insurance but it states that he will pay 100% of her other medical costs. DH gets to claim SD on all taxes so he was thinking that if BM agrees, they could change it to split the extraordinary costs and also change it to every other year they can claim her on taxes.

He doesn;t want to change custudy or anything like that and if BM doesn;t want to change anything, that's fine too. I was just wondering how it is done if they do decide to change up some things. He was going to email BM with his ideas and see what she says. But how do we go from there? DO they have to go back to court or a mediator to make it official?

Re: Is there a way to change CO without going to court/mediation?

  • I would check with the forms online and see if there is a form that you can file with the courts indicating the changes.  It would most likely have to be signed by both parties- essentially stating that you both agree to the changes.  This may allow you to avoid actually going to court.
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  • If you can come to an agreement with bm you can have your lawyer draw up proper documentation and have it filed with the courts. Printing something up and signing it doesn't make it legal.
  • What DH & BM have done in the past when they both agree to changes is one of them will have their lawyer draw up a formal document (stipulation to CO) and both will sign and notarize the document. Then one of the lawyers will file the agreement with the court to make it a valid legal document.

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