I went through self-repping a year ago to change our old Separation Agreement and I'm trying to help a family member through something and he was at the Courthouse this morn to file papers and the clerk said they were all wrong.
Details are:
They separated in May 2011, legal agreement dealing with Equalization & CS/Access/Spousal done up and signed September 2011.
Kids are 15 & 16
According to the Sep Agreement ... both parents have "joint custody". The 15 yr old lives with dad and see's mom occasionally. The 16 yr old was to be 50/50 access. Dad pays mom spousal for 5 yrs and minor CS (because he has 1 child full-time and they do 50/50 with the other).
Fast forward to now ... the 16 yr old has been living exclusively with dad since November 2011. Dad waited to see how it would play out and now it's going on 4+ months. 16 yr has stated to dad that she wants to remain living with him and see mom occasionally.
I told my family member that 1st he had to file the agreement at the courthouse so he can get a court file # ... he did this earlier in the week.
I then told him him to fill out a Motion to Change & a Change Information Form. He would need to get that filed and then serve his ex by special service.
He wants the original agreement to adjust for the fact that 1a) both children now live exclusively with him and b) that bio-mom start paying CS
He went this morning and the clerk told him he had all the wrong forms and that he needed to start an application, etc ... which is certainly not what "I" did last year when I went through this.
Advice?
Details are:
They separated in May 2011, legal agreement dealing with Equalization & CS/Access/Spousal done up and signed September 2011.
Kids are 15 & 16
According to the Sep Agreement ... both parents have "joint custody". The 15 yr old lives with dad and see's mom occasionally. The 16 yr old was to be 50/50 access. Dad pays mom spousal for 5 yrs and minor CS (because he has 1 child full-time and they do 50/50 with the other).
Fast forward to now ... the 16 yr old has been living exclusively with dad since November 2011. Dad waited to see how it would play out and now it's going on 4+ months. 16 yr has stated to dad that she wants to remain living with him and see mom occasionally.
I told my family member that 1st he had to file the agreement at the courthouse so he can get a court file # ... he did this earlier in the week.
I then told him him to fill out a Motion to Change & a Change Information Form. He would need to get that filed and then serve his ex by special service.
He wants the original agreement to adjust for the fact that 1a) both children now live exclusively with him and b) that bio-mom start paying CS
He went this morning and the clerk told him he had all the wrong forms and that he needed to start an application, etc ... which is certainly not what "I" did last year when I went through this.
Advice?
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