Q: Can i cancel a child support order that i filed for?
I live in NJ and filled for child support. The ncp and i have both received a letter for our first court hearing which will take place two weeks from now. However, we have now made a private agreement and i was wondering how i have to go about canceling this motion? Can i call and close the child support case or do i have to go to the courthouse to request cancellation?
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- New Jersey
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A: What you need to do, in order to handle this matter properly is to retain an experienced matrimonial attorney to turn your private agreement into a Consent Order that will be signed by both sides and submitted to the Judge for his approval and signature. Otherwise you are looking for more problems than you can possibly imagine.
A:
Thank you for your question.
If you have an agreement in place, you can simply let the Court know and they will have you appear to put the terms of the agreement on the record and into a final Order. With an Order establishing the terms of your agreement, you can go to Court to enforce same if the other party violates the Agreement. You can withdraw the motion prior to the hearing, but I would not suggest this because if your agreement is not in writing, signed and notarized, it would be difficult for you to enforce same with the Court if the other party does not abide by the agreement. I hope this addresses your concerns. I suggest meeting with an experienced family law attorney, who can assist you into formalizing the agreement if you still wish to withdraw your application and not appear. Again, having the agreement in writing protects your interests.
I hope this information was helpful to you.
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