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I have an existing child support agreeement. The father and…

Customer Question
Okay so I have...

Okay so I have an existing child support agreeement. The father and I have come to a mutual agreement to remove the child support order since we are sharing all financial and physical custody of the kids. I was wondering what paperwork we would have to file to remove the child support order so they will cease garnishing his wages.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No. We aren’t sure what papers to file.

Lawyer's Assistant: Family law varies by state. What state are you in?

Illinois

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that’s it.

Submitted: 5 months ago.Category: Family Law
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3/22/2018
Family Lawyer: LegalGems, Lawyer replied 5 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 14,043
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 5 months ago
Thanks you. From my research, it seems we need to have a notarized agreement and submit a filing but I am unsure of the verbiage to include in the agreement as well as the filing it should be attached to.
Family Lawyer: LegalGems, Lawyer replied 5 months ago

The statute allowing modification/termination is located here:

http://www.ilga.gov/legislation/ilcs/documents/075000050k510.htm

The court has ultimate authority re: waiver of child support since the court has determined that child support is a right to the child, thus the parents cannot waive it. The court may terminate the support, reserving jurisdiction in the event of changed circumstances, or may enter a nominal amount (to retain jurisdiction).

The same forms can be used that is in the packet below, with a stipulation attached stating that both parents agree and signed by both. But it would be up to the judge to sign off on that stipulation.

Page 34 here has the notice of termination to be signed by the court and submitted to the employer:

http://www.law.siu.edu/selfhelp/info/childsupport/getsup.pdf

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Customer reply replied 5 months ago
Page 34 in your attachment contains a request for an order not a termination of an order. What paperwork must we file to terminate an existing agreement.
Family Lawyer: LegalGems, Lawyer replied 5 months ago

There is a box to check for termination:

NOTICE TO WITHHOLD INCOME FOR CHILD SUPPORT State of Illinois County of :____________________ ( ) Original Notice Case Number:_________________ ( ) Amended Notice Date: ________________________ ( ) Terminate Notice

So if the last box is checked the court will cease garnishment if granted.

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Customer reply replied 5 months ago
I’m not seeing that. The only field for termination states that it must be the date the youngest child turns 18 or graduates from high school.
Customer reply replied 5 months ago
Now I see it but that is what is submitted to his employer. What forms do we file with the court and what needs to be included in the written agreement?
Family Lawyer: LegalGems, Lawyer replied 5 months ago

The forms are contained in that packet; since the court has jurisdiction and the right to waive the child support does not belong to the parent, the court would need to sign off on it; page 42 and 43 has a section both for a deviation amount (so the judge can enter a nominal amount) and a termination section.

In the relief requested one would request termination of the wage garnishment order currently in effect.

The written agreement would need to state the parties' respective income, the desired amount of support (or request for termination) and a statement justifying why support is not necessary, along with a request to terminate wage garnishment.

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Family Lawyer: LegalGems, Lawyer replied 5 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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