CS in NYC: OC’s Request to Modify the Stip

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

CS in NYC: OC’s Request to Modify the Stip

Unread postby Me_and_my_boys » Sat Mar 18, 2017 7:03 am

Background: We signed off on the agreement back in August. 50/50 custody. No exchange of CS. However, I’m still paying $500 CS per month as per a temp order established prior to the agreement. The CS agency will not stop collecting until they’re provided with the stamped decree. This takes up to nine months in NYC (ETA is May).

My attorney forwarded an email to me yesterday. OC claims to have received a call from the judge’s office: “They want us to do a mod to the stip to provide that one party will pay the other the minimal child support in the amount of $25.00 per month so that they are not signing off on a complete waiver of child support.”

OC has requested my 2016 W2’s/returns and promises to provide the same for STBX. She has also offered to prepare the modification. I believe STBX still earns more than I do and stands to pay the $25, but that’s not relevant. I’m concerned that this is an attempt to keep the temp order in place or otherwise manipulate the stip. I’m going to ask my attorney to confirm the request with the judge’s office. Does this request make any sense?
Me_and_my_boys
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Tom Kirkpatrick » Sat Mar 18, 2017 1:04 pm

BEWARE!! OC's claim stinks to high heaven!!

Me_and_my_boys wrote:OC claims to have received a call from the judge’s office: “They want us to do a modification to the stipulation to provide that one party will pay the other the minimal child support in the amount of $25.00 per month so that they are not signing off on a complete waiver of child support.”
The parties stipulated and signed on the dotted line. The judge signed it off. It's a done deal. The stipulation is in your case file. And after 7 months, the judge wants to change it?? Bullsh1t!!

BTW - You need to make a trip to the court clerks office and get a complete copy of your case file. Make sure everything's there, especially that stipulation.

Here's the deal: It's very unusual for a judge to call one attorney but not the other. For that matter, it's highly improbable that the judge would call at all. This is a very big red flag, Bro.

Moreover, if what OC says is true, then your attorney should've received the same call.....and not just a "courtesy call" either, but an official summons, like a bona-fide appearance in judge's chambers.

Bottom line: There's no reason to modify the stipulation. It's a done deal. Stick to your guns.

Q: What does your attorney have to say about this??

Me_and_my_boys wrote:OC.....has also offered to prepare the modification.
Another red flag. Be wary of OC writing anything, much less a modification to the stipulation. Be on your guard!! You must never trust OC for anything.

Me_and_my_boys wrote:.....ETA is May.....
Two months to go. No worries, right??

BTW - NJ should owe you some retroactive CS monies.

Tom
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Me_and_my_boys » Sun Mar 19, 2017 8:40 am

Thanks, Tom. I appreciate the feedback.

I've instructed my attorney to get written confirmation from the court that this is in fact their request. I wrote the email myself and sent it to him. That's the only way I'm going to move forward with this.
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Re: CS in NYC: OC’s Request to Modify the Stip

Unread postby Tom Kirkpatrick » Sun Mar 19, 2017 11:39 am

Me_and_my_boys wrote:I've instructed my attorney to get written confirmation from the court.....
It's a done deal, Bro. Unless you agree to modify, the stipulation will stand as is.

Q: Have you got a certified true copy of that stipulation?? You need to know what it says, verbatim.

Tom
Everyone is entitled to my opinion. - Maxine™
Tom Kirkpatrick
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