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AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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Hi, My son and his mother live in VA. I live in GA. His mom

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My son and his mother live in VA. I live in GA. His mom and I have a very good relationship and I have never been late on any child support and have never missed any visitation with him regardless of distance. His mom did file for a modification of child support to eliminate my need to pay for insurance. The state of GA sent me a form stating that I needed to appear in court to state why the relief should not be granted. It also told me to bring a number of documents to show why the relief should not be granted. Considering the relief will help me I would not challenge the relief. My question is now GA will have to adopt our new parenting plan from the state of VA, since this is not contested will they still need me to show in court? Will they recalculate my child support payments? Neither of us want anything changed with how things are going and how much I pay. How do we insure nothing is changed? Can we insure that? Will the judge just "rubber stamp" and adopt our VA plan minus the insurance costs?
Submitted: 3 years ago.
Category: Family Law
Expert:  AttyCBradford replied 3 years ago.

AttyCBradford :

Hello! Yes the parenting plan will have an effect on the amount of child support that is ordered to be paid, so the GA Child Support (CS) will have to take that into account. You WILL still need to show up to verify your income and your ex's income is correct when the amounts are calculated. They will recalculate the CS based on the timeshare you are currently exercising as well as your income and the other party's income. Does your ex not want to reduce the CS?? if you and your ex are in agreement with the amount of CS then you can sign what is referred to as a Stipulation and ask that the Judge sign that and make it the order for child support payments.

AttyCBradford :

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Customer: replied 3 years ago.
My ex is the one that filed the modification to reduce the obligation that I'm to pay. Neither of us are contesting that. We are also trying to get GA to accept the plan that VA accepted for years now as well as the payments we have agreed to. So there is no way to have the court simply adopt what we have been doing for te past 8 years? They will have the need to modify it based on incomes now even if we don't ask them to? All we're trying to do is have te insurance requirement taken off and have it adopted by GA, nothing elae
Expert:  AttyCBradford replied 3 years ago.
No if you just want GA child support to adopt the current order, then you just need to tell them you have a current order and that you are both in agreement. There will be an order prepared that both of you can sign and then that will be the order for child support based on the VA agreement
Customer: replied 3 years ago.
Ok, final question and I will accept and pay, thank you. XXXXX need to go to the hearing for this or can we do this in GA and my ex can do this in VA? Are there other cases like this where all parties agree and all the court does is record these docs and no other intervention (calculations of child support) are done? Again, he doesn't want to have it recalculate and neither do I but another person told us that if it hasn't been reviewed for some time then the judge will take it upon themselves to update it. Have you heard of that before?
Expert:  AttyCBradford replied 3 years ago.
Sometimes the judge will review it. As long as the amount that is being paid is close to what is guideline meaning enough to support the basic needs of the child, then the Court will most likely not change the amount. If you prepare a stipulated judgment and agreement and both parties sign the document before the court date you will not need to appear. A paralegal or a self-help clinic can aid you in preparation of that document.
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