Least expensive way to update separation agreement for CS

[PeteS]

Hi, i just exchanged NOA with my ex for the calculation of child support. I am the payer, they are recipient. My sep agreement says I do not have to start paying the new amount until the agreement has been updated with both our signatures. No indication who pays the costs to update the agreement. Do I have to reimburse my ex legal fees if they initiate through their own lawyer? Is there a less expensive way to do this? My ex is not cooperative and this is not an amicable situation. I would like to avoid layer fees as much as possible.

[rockscan]

Is your file with an enforcement agency? If it is, you may need new paperwork. If it isn’t you shouldnt have to do an agreement.

The easiest way would be a motion to change on consent. You both sign it and file it with the court for a rubber stamp. She could use a lawyer just to make sure its right but they arent needed for anything else if there is no dispute.

If none of this is involved you simply agree in writing and start paying the new amount. Not sure why your agreement says do it via a new agreement.

[PeteS]

Thank you for your reply. We just signed the separation agreement… it has been with our lawyers back and forth for many years. My lawyer just sent the divorce order a week ago.

The clause in the separation agreement indicates ‘the adjusted payment shall commence on July 1 each year and shall be incorporated into an amending agreement, signed by both parties, dated and witnessed’

‘Until the child support is adjusted by an amending agreement, court order or arbitration, both parties will continue to pay child support under the parties most recent written agreement’

I assumed the amending agreement means the separation agreement, but have no clue if I have to pay their lawyer fees if they choose to seek legal assistance with this request

[rockscan]

You don’t its on them. If she agrees to accept the amount you can simply do a motion to change on consent or if she agrees you can simply just get her go ahead in writing and start paying her.

I dont understand why they do these agreements like this now, its just a make work project for a lawyer. Which is probably why they do it….

[PeteS]

Yes exactly! Such a waste of $

[rockscan]

I would send her a message outlining the cs change and request that you simply update without an amending agreement or if she insists a simple motion to change on consent. Either way you will update the amount as of July 1.

See what she says. If she wants to call her lawyer and ask and then incur additional unnecessary costs you can deal with it then.