D
Deleted member 130973
Guest
Hello, sorry for the late response.
My insurance if I include my two children $460
Sorry that 460 is monthly
Hello, sorry for the late response.
My insurance if I include my two children $460
army judge
Moderator
In matters involving divorce, child CUSTODY, alimony, and/or CHILD SUPPORT; one is foolish NOT to seek the services of a licensed, competent, respected family law attorney.
Don't be the guy showing up to a gunfight with a DULL, Boy Scout or multipurpose Swiss Knife.
Hello everyone. For some reason I am not able to log into my old account. I am the one that created this topic and I have an update.. there has been a modification in child support. After filing a motion for child modification and parenting plan. Both parenting plan and also the the child support have been modified . the judge found significant change of circumstances therefore the other party (petitioner) has now to pay me child support. Now my question is does the other child support needs to be stopped? I'm asking because i just checked In my last check I just got a couple of days ago it shows that they still taking child support money out of my check and the New court order has a date of 1/16/26. So I don't know if that child support needs to be closed/Stopped and if so how. I'm representing myself by the way.
Thanks in advanced..
Thanks in advanced..
adjusterjack
Moderator
The disposition of the old child support order should have been addressed in the current child support order.
Was it?
If stopping the old child support was not specified in the new child support order it continues until the judge says it stops. You may have to file a Motion for Clarification to get that.
Was it?
If stopping the old child support was not specified in the new child support order it continues until the judge says it stops. You may have to file a Motion for Clarification to get that.
Zigner
Moderator
Also, It takes a little time for your employer to be properly notified. Your employer can't stop the withholdings just because you show them a piece of paper.
Thanks for the replies! That's the question! since this is my first time going trhu this I'm just trying to figure this out before I contact the court and file what ever is needed. But I don't know what words/language the court uses in a court order to make the "old"child support order stop. Here I attached the court order. Let me know if you guys find the language that indicates what I'm looking for.
I see in the court order under Important information it says: if this is a modification of child support all other prior "orders" of this court "not" modified remain in full force.
I see in the court order under Important information it says: if this is a modification of child support all other prior "orders" of this court "not" modified remain in full force.
adjusterjack
Moderator
Here it is:
Vague. Can be read two ways. All prior orders remain in full force and effect. Or all prior orders that are not child support remain in full force and effect.
The order does not specify that your prior obligation for child support is extinguished.
I think you need clarification and an order specifically cancelling the wage deduction. One that you can personally deliver to your employer.
Vague. Can be read two ways. All prior orders remain in full force and effect. Or all prior orders that are not child support remain in full force and effect.
The order does not specify that your prior obligation for child support is extinguished.
I think you need clarification and an order specifically cancelling the wage deduction. One that you can personally deliver to your employer.
Correct is Vague. But it says "modified orders". Is was a petition for modification of child support which now that child support order has been modified…which now mother has to pay me…instead of me paying her. gosh I know it can read both ways. But hey I'm learning lol.
Zigner
Moderator
There is only one child support order which has now been modified. I don't believe there's anything vague.
Should the withholdings from your check stop? Yep! Contact the child support agency charged with collecting the child support and ask for their assistance.
Should the withholdings from your check stop? Yep! Contact the child support agency charged with collecting the child support and ask for their assistance.
Tax Counsel
Moderator
I don't see it as vague at all. It's a common provision when modifying a prior order that only the parts of prior orders that are expressly changed by the order are affected and any order that is not expressly modified by that order remains in effect. For this reason, when proposing a modification to the court, make sure to read your modifications along with the present orders that are in effect. Anything you don't get expressly changed is likely to still be in effect after the modification. If you miss changing something important, that ends up being on you.
Hello all. This is me with an update on my case (under a new account here). After waiting for a couple of weeks, I noticed there still taking money out of my check. I contacted the court and they needed a petition / order to stop child support. So it has been filed and also I didn't know I needed to served the other party, so now I just did( Via certified mail.) And right now I'm still waiting for that stoppage of garnishing of wages from my check. Thanks everyone for their inpunt!
adjusterjack
Moderator
Did you file an affidavit of service with the court?
Does your court allow service by certified mail?
Does your court consider service perfected by the sending of the certified mail or does it require the signature on the return receipt?
Via Certified mail and yes a certificate of service has been filed 2 days ago with picture of tracking number as exhibit A.
Zigner
Moderator
That makes no sense. You said you already have an order. You just need to make sure the agency that originated the garnishment is aware of the revised order so they can stop the garnishment.
I have tried it and according to the clerk at the court I must put a stop to it by submitting the right paper which I just recently did. I know I was like wtf! What else they need. They just need more money! Hopefully this will be sufficient!
Tax Counsel
Moderator
It can make perfect sense when you see it through the eyes of the person/enity doing the garishment. The problem I see is that a change in the court order for support between the parents is not binding on the person/entity that is doing the garnishment. The garnishment order it received earlier is binding on that person/entity. What the person/entity doing the garnishment gets concerned about if stops the garnishment without an order directed to the person/entity doing the garnishment is that it may then be subject to sanctions for violating the court that ordered it to do the garnshment. On the other hand, if it gets an order specifically directing it to stop the garnishment it doesn't run that risk. In other words, it's a CYA policy that informed businesspersons/entites use to be sure it won't be the one left having to pay for the order out of its own pocket.
Zigner
Moderator
I may not have been clear in what I was suggesting. There is a government entity that issued the garnishment paperwork (Child Support Services in AZ). That agency must be given a copy of the order that changes/cancels the child support obligation(s). They will then serve a modified garnishment order (or a cancellation of the garnishment order) on the employer, who will then stop collecting and remitting under that garnishment order.
There is already a court order in place, so it doesn't make sense that another court order needs to be entered. The entity (Child Support Services) must be given a copy of the order that changes the child support obligation.
