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Child Support Modification

CheerileeCheerilee member
in Blended Families

I'm not asking on our behalf but this came up in conversation with a friend who's sister took the daughter and the husband took the son in a divorce.  This was 3ish years ago.  I feel bad because the siblings aren't growing up together but that's another topic.  They had separated before and dad was ordered to pay child support for the daughter.  They got back together and later had another child who now the dad has.  The mother is ordered to pay child support on the son.  BASICALLY, they're both paying child support.  There's not a big difference between what one is paying the other so essentially they're trading money by sending it to the state to have it put on a card AND have to pay a yearly fee to pay child support.  Each parent now wants to NOT pay each other child support.  Do they have to go back to court or can they just sign something?

I hope this makes sense... 

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Re: Child Support Modification

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    KensingtonBKKensingtonBK
    If they're sending it to the state so the state can track whether it's being paid, I expect they'd need to have the order officially modified by the court to keep the state from automatically coming after both of them for payment delinquency.
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    CheerileeCheerilee member
    That makes sense.  It came up in a discussion with my friend.  I had assumed you could just draft an agreement and submit it to the court.  Perhaps it's more than that.
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    Holly_1007Holly_1007 member

    they can draft up and sign something in "mediation" but it needs to be seen and signed by a judge in order to take effect.

                           
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    Ginlyn0Ginlyn0 member
    It think it depends on the state. In my state, you cannot "agree" to not pay CS.
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    fellesferiefellesferie member

    Even if they don't HAVE to go through the court, I think that's the smart thing to do. What if things go sour at some point and one of them wants to sue the other for back pay?

    I receive CS, and XH and I have modified our CS agreement on our own. It works okay for me, but if I ever decided to take it to court, he's the one who would be screwed. If I were the one paying CS, I'd never agree to anything less than a modification filed with the court. 

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    CheerileeCheerilee member

    imagegin9874:
    It think it depends on the state. In my state, you cannot "agree" to not pay CS.

     I understand this.  I am guessing their problem is they both keep getting behind because neither one of them have a job consistently.  Then when they're behind - because they didn't exchange checks through the state - they lose their license.   

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    "To be able to practice five things everywhere under heaven constitutes perfect virtue...gravity, generosity of soul, sincerity, earnestness, and kindness."
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