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The respondent received advice and was under the impression the case for modification would be dismissed if the respondent told the commissioner the petitioner is consenting to a step-parent adoption. Is this true?
For the previous answers I received by lwpat:
1. I know I can ask for the modification to start on the original file date for the current case, but what I was asking was...If the case was dismissed and I had to file it for a 2nd time, can the modification start from the date of the 1st filed modification, not the start of the 2nd modification.
2. I know I do not have to or need to cancel the modification myself, I do not want to anyway. I was asking, if the respondent told the commissioner at the 2nd hearing that I consented to the step parent adoption would that be grounds to dismiss the modification case or not approve the modification order?
3. I do not have to get their (respondent) consent to go through with this modification, I know I have legal grounds for my petition. What I wanted to know was, if I agreed to the adoption and if my petition was dismissed (not b/c I asked for it), is there a legal way or a stipulation I can add to this agreement for adoption (if they cancel) that I will resubmit the modification & it would then be entered as a default case and the respondent could not contest it for a 2nd time (so I don't have to attend another hearing). I know in adoption cases you can ask for a contact agreement so I didn't know if I could legally ask for a default in modification if they canceled the adoption process.
The respondent is not wanting to owe me money for daycare expenses not incurred (I asked to be reimbursed). The respondent asked if I would consent to a step parent adoption thinking it would dismiss the case for modification. The respondent wants this case dismissed so I don't think I can use the modification as a tool. Basically, if I dismiss this or if the respondent tells the commissioner I have consented to this adoption and it gets dismissed then she will go on with the adoption. But if she cancels the adoption at the last min, I will not have a modified child support payment, I will have to continue to pay the original amount until I can afford to resubmit the modification (if I'm even allowed to). So I wasn't sure if I should sign the adoption agreement now or after the modification. If I sign now, I was just wanting to know if there is a possibility the commissioner would dismiss or not grant my modification? If I wait to sign the adoption papers after the modification has gone through, then I have a good idea she will change her mind about the adoption.
Basically, to sign or not to sign? which answer would cause the least grief.
Thank you both for your time.
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