Change of custody

[ginger96]

What is the name of your state (only U.S. law)? IN
I have a garnishment on my wages for child support and my son has lived with me since November of last year. My ex husband and I are now in agreement to stop the garnishment on my wages and can't get any help on what forms are needed by the court. The child support office told me they could not tell me what form is needed because that would be practicing law! She informed me I could go to the Indiana goverment web site for help, well after looking through that web site for over an hour, no form for stopping garnishment/change of custody was found. Can anyone here help me out? I called for this form earlier in the year and the county sent it to me without a problem, now they can't even tell me the name of the form I need! Neither my ex husband or myself can afford an attorney for this and when we are both in agreement, it shouldn't be this complicated! Thanks for any assistance.

 

[Antigone*]

What is the name of your state (only U.S. law)? IN
I have a garnishment on my wages for child support and my son has lived with me since November of last year. My ex husband and I are now in agreement to stop the garnishment on my wages and can't get any help on what forms are needed by the court. The child support office told me they could not tell me what form is needed because that would be practicing law! She informed me I could go to the Indiana goverment web site for help, well after looking through that web site for over an hour, no form for stopping garnishment/change of custody was found. Can anyone here help me out? I called for this form earlier in the year and the county sent it to me without a problem, now they can't even tell me the name of the form I need! Neither my ex husband or myself can afford an attorney for this and when we are both in agreement, it shouldn't be this complicated! Thanks for any assistance.

Is the child support going to your husband?

 

[ginger96]

Yes, it is going to him directly.

 

[mistoffolees]

What is the name of your state (only U.S. law)? IN
I have a garnishment on my wages for child support and my son has lived with me since November of last year. My ex husband and I are now in agreement to stop the garnishment on my wages and can't get any help on what forms are needed by the court. The child support office told me they could not tell me what form is needed because that would be practicing law! She informed me I could go to the Indiana goverment web site for help, well after looking through that web site for over an hour, no form for stopping garnishment/change of custody was found. Can anyone here help me out? I called for this form earlier in the year and the county sent it to me without a problem, now they can't even tell me the name of the form I need! Neither my ex husband or myself can afford an attorney for this and when we are both in agreement, it shouldn't be this complicated! Thanks for any assistance.

It might be worth a consultation with a local attorney if you can't figure it out yourself. Many attorneys will give you a brief consultation for free.

I'm not very good with actual procedures, so take this with a grain of salt, but I suspect that your difficulty is that you're looking for the wrong form. You have an existing order for child support. The state is apparently taking the position that as long as there's an order, they have to collect. So look up the forms for agreeing to a different child support amount and submit that to the court so that the order can be replaced with a new order. Then take the order to CSE.

Meanwhile, you can simply deal with it by having the recipient cash the check and return the money to the person who is paying.

 

[CSO286]

What is the name of your state (only U.S. law)? IN
I have a garnishment on my wages for child support and my son has lived with me since November of last year. My ex husband and I are now in agreement to stop the garnishment on my wages and can't get any help on what forms are needed by the court. The child support office told me they could not tell me what form is needed because that would be practicing law! She informed me I could go to the Indiana goverment web site for help, well after looking through that web site for over an hour, no form for stopping garnishment/change of custody was found. Can anyone here help me out? I called for this form earlier in the year and the county sent it to me without a problem, now they can't even tell me the name of the form I need! Neither my ex husband or myself can afford an attorney for this and when we are both in agreement, it shouldn't be this complicated! Thanks for any assistance.

Question one: Custody and child support have been addessed in a court order, yes? I'm "ass"uming it was covered in your divorce decree, yes?

Question two: Has either party filed a motion to modify based on the child now living with the other parent?

This is what you would need to do:
"Ass"uming that both child support and custody were addressed in your divorce decree, you would file to modify that. Indicate the change of custody and the new agreed-upon parenting plan and your intention to deviate from standard child support guidelines and indicate that child support in the amount of $0.00 will be paid by the (now) NCP to the (now) CP.

Forms can be found here: Verified Petition for Modification of Child Support with an Agreement

Submit your proposed modification to the court as a stipulated agreement and everything's done and wrapped up in a pretty little package with a pink bow on top.

 

[CSO286]

It might be worth a consultation with a local attorney if you can't figure it out yourself. Many attorneys will give you a brief consultation for free.

I'm not very good with actual procedures, so take this with a grain of salt, but I suspect that your difficulty is that you're looking for the wrong form. You have an existing order for child support. The state is apparently taking the position that as long as there's an order, they have to collect. So look up the forms for agreeing to a different child support amount and submit that to the court so that the order can be replaced with a new order. Then take the order to CSE.

Meanwhile, you can simply deal with it by having the recipient cash the check and return the money to the person who is paying.

you are absolutely correct here, Misto. They need to modify the existing court order to reflect the current situation and new agreed-upon support numbers.

There is no form to simply "stop the garnishment".

 

[LdiJ]

Question one: Custody and child support have been addessed in a court order, yes? I'm "ass"uming it was covered in your divorce decree, yes?

Question two: Has either party filed a motion to modify based on the child now living with the other parent?

This is what you would need to do:
"Ass"uming that both child support and custody were addressed in your divorce decree, you would file to modify that. Indicate the change of custody and the new agreed-upon parenting plan and your intention to deviate from standard child support guidelines and indicate that child support in the amount of $0.00 will be paid by the (now) NCP to the (now) CP.

Forms can be found here: Verified Petition for Modification of Child Support with an Agreement

Submit your proposed modification to the court as a stipulated agreement and everything's done and wrapped up in a pretty little package with a pink bow on top.

They also need a motion to modify custody, which can be found at the same site.

 

[CSO286]

They also need a motion to modify custody, which can be found at the same site.

Kinda covered that here, didn't I?

This is what you would need to do:
"Ass"uming that both child support and custody were addressed in your divorce decree, you would file to modify that.

The "that" refers back to both child support and custody....

 

[LdiJ]

Kinda covered that here, didn't I?


The "that" refers back to both child support and custody....

Yeah, but I kind of doubt that the OP got that, because there was so much focus on the CS from all the posters.