Q: DCSS lawyer wants changes to the MSA. Does she not want me to continue making payments since my ex agreed to forgive arr
1. Section 9.C. - If you could amend to add the following after Exhibit "C"; however, the parties agree for support to be set at $0.00 as Father is not requesting support from Mother for such time period."
1. This is to hopefully avoid any issue with it being interpreted as a stipulation for a below guideline order
2. 9.E. and 9.F should be amended to the following as respondent was cash aided through 06/30/2024.
1. 9.E - Dates should be May 1, 2024 to June
30, 2024.
2. 9.F. - Should say commencing July 1, 2024.
3. 9.H. iii - Respondent did make a payment in the month of September. I would suggest either amending it to say parties agree that as of "September 30, 2024, child support arrears ..." or add in something along the lines of the parties waive any right to reimbursement for overpayment. Alternatively, you can leave as is there will be an overpayment on mom's account. No refund to either
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A:
It appears that the DCSS lawyer is proposing changes to your Marital Settlement Agreement to ensure clarity and compliance with legal standards. By adding language that sets support at $0.00 because you are not requesting support from the mother during a specific time period, it helps prevent any misinterpretation that you're agreeing to a support amount below the guideline without proper justification.
Regarding the forgiveness of arrears, even if your ex has agreed to forgive them, the DCSS may still require adjustments to account for any public assistance received. Modifying sections 9.E and 9.F to reflect accurate dates when cash aid was provided ensures that any obligations tied to that aid are properly addressed. Additionally, updating section 9.H.iii concerning payments made in September helps prevent issues like overpayments or misunderstandings about refunds.
The lawyer's suggested amendments aim to protect both parties by making the agreement legally sound and clear. It's important to review these changes carefully and consider seeking legal advice to fully understand how they impact your responsibilities moving forward.
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