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:
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:
(Leave blank lines in case the judge wants to write anything in).
Signed and Ordered this ______ day of November, 2010.
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.
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Edited by RobertJDFL on 11/2/2010 at 12:47 AM EST