Domesticating, lowering and removing

[Newlydivmomto4]

What is the name of your state (only U.S. law)? Kentucky

Need some help. I have lived in Kentucky now for 5+ years and my oldest son just turned 18 so my ex should no longer have to pay child support for him. Our order originates out of California, we reduced child support by mutual agreement because he was making less and cost of living in Kentucky is lower than it is in California. We have agreed on a lower cost as well now that the oldest is 18 and has graduated high school. Everything should be kosher right?

Well he is in the process of buying a house and the bank is looking at his current child support order and saying no-go because if it is added into his debt-to-income ratio he will not qualify for the loan. So I am trying to go through the courts to domesticate the order to Kentucky and to modify it to the agreed upon amount. I found this website
http://courts.ky.gov/resources/legalforms/Pages/legalformlibrary.aspx
and filled out the Uniform Child Support order. Can I take this down to the child support office in our county and have it signed by a judge? Do I need a notarized statement from my ex that he agrees with this? He's a few states away so he can't quite just meet me down at the courthouse.

 

[mom6399]

Not a quick fix

Hi,

I am not an attorney, so this is not legal advice. But as someone who has been navigating the family law system for quite some time, domestication and a CS modification are not things that typically happen very quickly. Unless you live somewhere where there is very little court activity...where it will be more timely. It's not as easy as filling out the paperwork, going down to the CS office and getting a judge to sign on the spot. In some places these things can take several months. A matter of a few days or weeks would be a miracle in my county.

Keep in mind as well...if you do not have an active case with your local child support office, it will likely be several weeks to process your request through their system. Most CS offices are over worked and have more cases than they can deal with on a daily basis. In my experience, it will be more efficient for you to go directly through the family court system in your county for this simple matter.

Things SHOULD absolutely move a lot faster for you since you and your ex are on such positive terms , but if ex is hoping for something super quick to close on a specific property...

To make sure everything is as it should be moving forward with younger children, you may want to discuss modifying your entire order at the same time you are making this change...While it's awesome you've been able to work together on these issues, unfortunately, when it comes to things like mortgages and child support...making sure the court order aligns with your agreements is critical.

Your ex can ask the loan officer if a notarized statement from you and copies of paperwork submitted and the filing date for the modification will be enough to get past this hump for their immediate purposes. Worst case scenario is they say no...