?? on How to word the Order - MO

[Ambr]

What is the name of your state? Missouri

I know this will be a SHOCK on these boards and it is a shock for me as well. The ex and I actually sat down and worked through a split custody issue over the kids. With one child with him and one child with me. We worked out the consent agreement and need to word the child support issues for the order and I can't get the words together.

Since we each have a child....we want to make it were neither of us pays support to the other. So we need to...

(1) Make it where he doesn't pay support to me anymore
(2) Make it where he continues to pay on his arrears

So......

It is hereby ORDERED that:

(1) The Court finds that the outline for Child Support under this agreement is reasonable based upon the needs of the children and the ability of the parents to support the children.

(2) That the Child Support Order (case # 12345678) requiring Respondent, EX , to pay support to Petitioner, ME, be terminated as of August 1, 2006.

(3) That Respondent, EX, continue to pay $200 per month towards the accrued arrearages (case # 12345678) until such time as arrears balance is $0.00 (Zero). Payable through Family Payment Center, Jefferson City.



HELP!!!!!!!!! I want to get this pulled together and SIGNED before he changes his mind and everything drags back out through COURT.

Thanks!
Ambr

 

[NoDiggety]

What is the name of your state? Missouri

I know this will be a SHOCK on these boards and it is a shock for me as well. The ex and I actually sat down and worked through a split custody issue over the kids. With one child with him and one child with me. We worked out the consent agreement and need to word the child support issues for the order and I can't get the words together.

Since we each have a child....we want to make it were neither of us pays support to the other. So we need to...

(1) Make it where he doesn't pay support to me anymore
(2) Make it where he continues to pay on his arrears

So......

It is hereby ORDERED that:

(1) The Court finds that the outline for Child Support under this agreement is reasonable based upon the needs of the children and the ability of the parents to support the children.

(2) That the Child Support Order (case # 12345678) requiring Respondent, EX , to pay support to Petitioner, ME, be terminated as of August 1, 2006.

(3) That Respondent, EX, continue to pay $200 per month towards the accrued arrearages (case # 12345678) until such time as arrears balance is $0.00 (Zero). Payable through Family Payment Center, Jefferson City.



HELP!!!!!!!!! I want to get this pulled together and SIGNED before he changes his mind and everything drags back out through COURT.

Thanks!
Ambr

Are you positive you want to use the word "terminate" in your order? That would also include any medical coverage since that is considered support.

 

[Ambr]

Are you positive you want to use the word "terminate" in your order? That would also include any medical coverage since that is considered support.

It's broke out in the consent agreement under Child Support and also in the order for the Judge to sign off on.

The actual wording that is used in the order.....

a. The parties acknowledge and agree that since one child will be living with each parent, each parent is capable of providing all necessary provisions for their needs and that BOTH parents knowingly waive collection of child support from the other.

b. That Respondent, the EX, shall continue to cover both children under his current health insurance coverage. Respondent will provide insurance information and identification card to Petitioner. Any unreimbursed medical, dental, and other related expenses incurred by or on behalf of the children shall be paid one-half by Petitioner and one-half by Respondent.

Do you think that will cover it?????

 

[seniorjudge]

That would also include any medical coverage since that is considered support.

When did that happen?

 

[seniorjudge]

It's broke out in the consent agreement under Child Support and also in the order for the Judge to sign off on.

The actual wording that is used in the order.....

a. The parties acknowledge and agree that since one child will be living with each parent, each parent is capable of providing all necessary provisions for their needs and that BOTH parents knowingly waive collection of child support from the other.

b. That Respondent, the EX, shall continue to cover both children under his current health insurance coverage. Respondent will provide insurance information and identification card to Petitioner. Any unreimbursed medical, dental, and other related expenses incurred by or on behalf of the children shall be paid one-half by Petitioner and one-half by Respondent.

Do you think that will cover it?????

Make sure you check the LOCAL court rules also.

E.g., http://www.colecountycourts.com/

 

[Ohiogal]

When did that happen?

Ohio is a wierd state SJ. If attorneys do a child support order in Ohio they also have to include a health insurance order even if health insurance is not changing or neither party has any. Ohio considers child support to also include health insurance. However OP is in MO. Whether MO is the same I do not know.

 

[BelizeBreeze]

What is the outcome of the Form 14 you will be submitting with the motion to modify?

In Missouri, a parenting plan must also be submitted with any modification, where is that?

If you really want to do this right go in together and hire a family law attorney to file the motions and do it right.

 

[CJane]

What is the outcome of the Form 14 you will be submitting with the motion to modify?

In Missouri, a parenting plan must also be submitted with any modification, where is that?

If you really want to do this right go in together and hire a family law attorney to file the motions and do it right.

Hey, BB... I know from experience that judges in MO will sign off on some pretty wacky ****... but what're the chances one will sign off on splitting the kids?

Also... isn't there specific language like "unjust and inappropriate" that has to be included if doing the 'no support' or a different amount than the Form 14 calculates?

 

[BelizeBreeze]

Hey, BB... I know from experience that judges in MO will sign off on some pretty wacky ****... but what're the chances one will sign off on splitting the kids?

very good if that's what th eparenting plan stipulates.

Also... isn't there specific language like "unjust and inappropriate" that has to be included if doing the 'no support' or a different amount than the Form 14 calculates?

no. The parenting plan should discuss support in the amount of $1 if parenting time is split. Missouri is one of the few states that allow support to be adjusted for parenting time.

Of course, if the ncp has every other weekend and then tries to agree not to pay support, that won't fly. The state has a vested interest in the welfare of the child. However, if both parents make approximately the same and split all other expenses and parenting time, then there should be no problem.

 

[CJane]

no. The parenting plan should discuss support in the amount of $1 if parenting time is split. Missouri is one of the few states that allow support to be adjusted for parenting time.

Oh, I know that they do.

I've just seen the language 'unjust and inappropriate' so often in my orders (the ones the ex has proposed anyway), that I thought it was fairly standard when requesting a lower amount/no child support.

Of course, if the ncp has every other weekend and then tries to agree not to pay support, that won't fly. The state has a vested interest in the welfare of the child. However, if both parents make approximately the same and split all other expenses and parenting time, then there should be no problem.

Ahhh... the other thing I was wondering about.

 

[Ambr]

What is the outcome of the Form 14 you will be submitting with the motion to modify?

In Missouri, a parenting plan must also be submitted with any modification, where is that?

If you really want to do this right go in together and hire a family law attorney to file the motions and do it right.

We covered all of those areas.

What type of custody and who got what time, etc. I was just unsure on the child support wording.

Do we still need to submit a Form 14 with the Consent Agreement. We want to work it out where neither of us is paying support to the other, since both of us will have one child with us. (There are two kids involved).

 

[Ambr]

Maybe I didn't explain it well, but I didn't want to go into to many details since it was just the CS wording that I had the question on.

We have two children. At the request of the kids and with alot of working things out between us.....one will live with me and one will live with him. With the way we worked out the weekends and holidays, etc --- the parenting time is the same. We are going to split all medical costs that insurance doesn't pick up. And since we each had a child, wanted to make it where neither of us paid support to the other. We each took care of the child in the home.

I was just amazed that everything went so smooth and we could iron out everything without even so much as raised voices. I mean it**************I am stil in shock and in all honesty.....wondering what I missed and where.

 

[NoDiggety]

When did that happen?

My apologies...I thought all states considered medical coverage "support", since the Federal government does (according to their definition).

 

[texastepmom]

have you thought about what will happen when the older child becomes emancipated? will the parent with the younger child then recieve CS?

My parents split my brother and myself up... i wish they would have staid in the same state at least, if the kids see each other every weekend during visitation that is still a lot of time together. They didn't pay support to each other, but my brother was older and with my father so my father did pay for some of my expenses after my brother turned 18

 

[Ambr]

have you thought about what will happen when the older child becomes emancipated? will the parent with the younger child then recieve CS?

My parents split my brother and myself up... i wish they would have staid in the same state at least, if the kids see each other every weekend during visitation that is still a lot of time together. They didn't pay support to each other, but my brother was older and with my father so my father did pay for some of my expenses after my brother turned 18

To be honest.....I hadn't though about when they turned 18. It is such a long time off that I figured it could be handled with a modification when it came to that point.

Plus there is the addendums with the Missouri support that allows for the continued support while the children are attending college....so it really doesn't end when they turn 18 anyways.