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RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
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Experience:  Experienced in multiple areas of the law.
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My sons exwife would like to terminate his non custodi

Customer Question

My son's exwife would like to terminate his non custodial child support for his 2 boys ages 20 and 17. He is past due /arrears for approximately 15,000.00. He has been ill for about 2 years and has not kept up with his payments. Actually before that he was not able to alwasys make his payments. At this point she would like to terminate the child support and release him from this obligation. As his mother I would like to have papers drawn up for the two of them, sworn statemnets from him that in the event he ever wins/or inherit money he will clear up this past due debt. He has not worked in years and we fear that he is suffering from depression. His exwife and I feel that this may be cause for this depressive stage. The courts did say it was her discision to terminate the child support . It's up to her and she would like to do it. Is there a form I can obtain from office depot or Staples etc.?
Submitted: 3 years ago.
Category: Family Law
Expert:  RobertJDFL replied 3 years ago.
Good evening, thank you for your question.

There's no form you can get from Staples, Office Depot, etc. This type of form, most attorneys would probably just draft themselves. Here's a sample stipulation to terminate maintenance (spousal support) -you could easily modify it to read "Joint Stipulation to Terminate Child Support and Arrears". This form is from Colorado, so you'll want to use the case headings/case number XXXXX your son's case (any court document should have this information, you can just copy it from there).

You also want to prepare an Order on Joint Stipulation to go with this for the judge to sign. This is because a court has the final say whether to approve the stipulation.

The Order should look like this:

Case heading

Order on Joint Stipulation to Terminate Child Support and Arrears (Centered)

Upon the Joint Stipulation of Petitioner and Respondent to Terminate Child Support and Arrears, the court having reviewed the stipulation, it is hereby ordered and adjudged that the stipulation is hereby:

1.GRANTED/DENIED.

2. _______________________________________________________________

________________________________________________________________


(Leave blank lines in case the judge wants to write anything in).

Signed and Ordered this ______ day of November, 2010.

_______________________
(Judge's Name)


As I said, the court wasn't entirely correct in what they told you-a judge CAN deny the stipulation, even if both parties agree to the terms. I've never known a judge to terminate child support arrears, but it is possible. It's also possible the judge could grant the stipulation in part, terminating any current ongoing obligation, and deny it in part, denying the termination of the arrears.

I hope this information is helpful. If you have follow-up questions or need additional clarification, please click reply and I will be happy to assist you further.

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Edited by RobertJDFL on 11/2/2010 at 12:47 AM EST
Customer: replied 3 years ago.
I was under the impression that I would receive a more positive answer. I was not pleased with your answer. I do not accept. Thank you for not charging my account and discontinue any additional E-mail correspondance. Thanks
Expert:  RobertJDFL replied 3 years ago.
I can only control what the law says -I can't guarantee you an outcome. Life and the law do not work that way. I would love to give positive answers to everyone, but I prefer to give legally correct answers based on the law -any lawyer who gives you less is giving you lip service, and not doing you any favors.

I worked very hard on your answer, and take offense that you would not accept because an answer wasn't "positive" enough for you.

I'll send this to customer service and ask them to process a refund, per your request.

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