I have sole legal custody of my 2 children. A child support order was recently reviewed, and over the past few months my daughter has been wanting to go live with her dad. So I decided to allow her to finish the school year there n told her in June we can decide from there what she wants to do. It wasn't even a full 24hrs before her dad started asking me to sign a stipulation.
Child support is essentially what it sounds like. If he has placement, the formula for who gets what would change. You shoudl probably consult with a family law attorney about what to do and what the two of you are likely entitled to given the change in circumstances.
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A stipulation is an agreement intended to become a court order. Without knowing the contents of the proposed stipulation, a more complete answer is impossible. it would make a great difference whether he proposes a permanent change of custody, or correclty reflects your agreement, or just temporarily adjusts the child support amount. Before signing anything, you need to consult with an experienced family law attorney.
Best wishes for a favorable result, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
First, I want to make certain that your understand that sole legal custody (the right to make all major decisions) has no bearing on child support.
Child support is determined by the placement arrangement. Each parent is to pay 17% of his/her income for each overnight the child spends with the other parent. For two children, the formula is for 25%. There is also a special formula for split payors: when one parent has placement of one child more than placement with another child. Your post seems to suggest that you are in agreement for one child to spend more time with dad. You can check out the 'DWD child support calculator' (a simple google search with those terms will get you to the calculator). If you are not sure whether the change in placement is good for the long term, then you should only address the change as a temporary change. Such a temporary change can be accomplished by a stipulation (agreement) or court order (from the family court commissioner). In either case, the court is supposed to make certain that the order is in the best interst of the child(ren). FYI...it is unusual to separate children. FYI... changes in placement can also affect tax implications.
Finally arrears represent the amount of support owed for the support that was previously ordered. Absent a mathematical error, a parent cannot ask the court to change a prior order/amount owed. Therefore until the other parent files a motion to change support, the support cannot be changed. If such a motion is filed, no matter when the hearing is held, the support can be modified going back to the date the pleadings were served on the other parent. Based on the information provided I do not see any reason for waiving arrears (the past due support). Although the court cannot, absent unusual circumstances, waive arrears, you can if you feel that is in your children's best interest. If in fact, dad has had more placement and you think this is a fair result, you can choose to agree to such a waiver.
I recommend that you consult with an attorney before signing any agreement so you can fully understand all the implications.
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