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NJ FamLaw
NJ FamLaw, Family Law Attorney
Category: Family Law
Satisfied Customers: 517
Experience:  Admitted to NJ Bar
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My boyfriend is a great father. He has paid his child support

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My boyfriend is a great father. He has paid his child support of $1150 every month for almost 2 years now. About 6 months ago he decided to make a career change due to the failing economy. He discussed this with his son's mother and explained to her that he would have to hold off paying her child support until his finances picked up. She was extremely understanding and supportive of his career change. He called the child support agency to let them know but never put anything in writing. When he filed for his tax return, $2300 was automatically deducted by the agency and went straight towards his child support. Recently he was served by the Texas Attorney General's office. They have basically filed a motion to send him to jail for not paying his child support and to appear in court by May 28th. Again both parents have agreed that he will not be paying or will be paying very little until his finances are better. He has 21 days from the date served to do something what can he do?
if this was there oral agreement, he is going to need to have her sign a consent order to present to the court detailing the terms of their agreement and telling the enforcement division that no arrears exist and there is no obligation during this time. Enforcement does simply that, enforce court orders. Right now, until a new order is entered, he has an obligation they are enforcing. By entering into a consent order that gets sent to a judge for signature, it tells the enforcement unit to do something else. His other option, if she won't sign a consent order, is to file a motion to have this oral agreement recognized by the court. If she won't sign anything, though, it is likely she will deny that this agreement ever existed.
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Customer: replied 7 years ago.
Should he file a notarized Affadavit signed and written by her agreeing to the terms and file that along with the Order in Suit to Modify Parent-Child Relationship...Can they be filed together or is Affadavit enough?

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