Q: My stipulation states that my ex and I are to submit tax returns and W-2s to each other in order to modify child support
This is to occur each year and doesn't require further litigation. I lost my job in 2015 and have been struggling financially ever since even with my new job. Paying child support has been difficult and I can't afford to go back to court. I just recently realized our stipulation has this clause. How does it work with someone who argues over everything? Can I cancel my automatic payment of child support because worksheet b with my current pay states she now owes me child support.
A: You cannot just cancel or stop paying child support. That will get you into trouble. You need to file a motion to modify child support. Forms can be obtained online and if you are truly destitute you may be able to get the court to waive the filing fee. An attorney would need to look at your orders to weigh in on the exchange of information provision. You should note that while many agreements or orders require an exchange of information each year, that does not mean that child support is automatically modified each year. Modification only comes with agreement or an order entered by the court.
1 user found this answer helpful
A: your agreement does not automatically modify the support amount. It requires a court order to modify. You need to file a motion to modify your child support. It can only be modified as of the date the motion is filed. You should retain an attorney to do this for you.
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