Have current court order in effect, but need to change and would rather work it out with other parent than go to court in regards XXXXX XXXXX This has to do with child support and location daughter will be living until she is 18 years old. Daughter currently lives in southern california and would be moving to northern california. Currently daughter is 16 years old and will be 18 years old in 15 months. If other parent who currently types up email stating the new arrangement that she will be paying child support and that the current order is still in effect. Will this be legal? I will currently continue to pay child support and the mother will send her support plus the child support I will be sending to avoid paying an court fees and getting a lawyer. I tried to go to setup self help, but was told I would need to get court order canceled from before and if I do this, the self help dept will be closing as of July 1st and then I would be in a postion of paying for a lawyer. My biggest concern is that if we go forward and ex wife decides not to pay me, will it effect me going to lawyer and at that time paying for chance in order. I am currently unemployed.
Thank you for your question today. I appreciate your patience while I responded to you.
What you are proposing has no legal effect. Now, if you and the other parent get along fine and don't anticipate any problems with this arrangement, you can certainly do this, but if later on issues do arise and you need to go back to court, the agreement you draw up is not binding.
To make it binding, it has to be a formal court order. You can file the forms yourself to make the necessary changes -- a lawyer isn't required so long as you feel comfortable with the process. As to custody and visitation, you can file a stipulated agreement. You can also seek a modification of child support.
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I understand this agreement would not be blinding but would it help if I go along with my daughter moving in and then having ex wife send payments to me that if by chance ex wife does not pay me, I could submit modification at that time. The self help dept at the court house will be closed due to budget cuts as of next week. So the paper work needs to be perfect for filling. If not perfect than I would need to have lawyer setup new order, which as I stated before, I am currently unemployed. So in regards XXXXX XXXXX would it cause any issues to submit modification if other parent does not pay support at that time? If it would cause issues, what issues would they be?
The only issue is that until the support order is changed, the current one is in effect. So, for example, if your arrangement with the other parent is that you will continue to pay them support but they'll send it back to you because now your daughter will be living with you, and after two months, she decides to keep the last check you sent and not send it back to you, a court doesn't necessarily have to order that the money be repaid to you, because the old court order was in place.
I would lost this payment but would need to file modification at this time and then forward it would be legal. So regards XXXXX XXXXX if I were to show lawyer the email agreement that we did up together would this help in moving forward the new order.
Once the order is changed regarding support, correct, it becomes legal and enforceable against both parties.Yes, if you show them the email agreement it will give them an idea as to what both of you want to do, and then if you are both still in agreement, they can prepare the stipulation for you and file it with the court.
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