Motion to terminate child support based on mutual agreement?
My sons mother and I have came to an agreement to terminate child support, since I now have my son 57% of the time. I know we have to fill out the motion to terminate child support, but on the section we sign and include address and phone number it doesn't have any space for it to be notarized. Does this mean it's not necessary or can the notary go anywhere for both of us?
Court's will usually not approve a motion to completely eliminate child support unless you can show that the Colorado Child Support Guideline amount for your situation is close to zero, or there are other extenuating circumstances that make eliminating support for the child fair. With your motion, you should include a child support worksheet showing what the guideline support amount is with your situation, and an explanation of why an agreement to zero support will not be depriving your son of the support he is due under law. It might be helpful to consult with a family law attorney who could run these calculations for you and help you with arguments to support a deviation from the support amount, if necessary.
If your child is under the age of 19 you may be required to file more than a motion to terminate child support. Since child support is for the child a court may not accept on its face an agreement to terminate child support. I'd suggest at least speaking with an experienced family law attorney.
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Asker
So it would be best to include the sworn financial statements along with the child support calculation form?
Dane Eric Torbenson
Child Support Lawyer in Englewood, COYes, it is best to include those documents because the Court has to make a finding either that the zero support amount is justified under the guidelines, or that there are sufficient reasons for deviating from the guidelines.