How do I modify my child support agreement? 1 Answers as of June 03, 2011

I wrote and filed a motion to enforce a settlement agreement pursuant to CCP 664.6 along with a Notice of Delinquency containing only the actual court ordered arrears (only a few months that was not paid). The Petitioner (my ex) did not appear at the hearing and the minute order reads “The court finds that the parties entered a stipulation to modify child support in May of 2003. Pursuant to said stipulation, the court finds that the Petitioner owes child support arrears as of February 2011, in the amount of $XXXX.XX. Said finding of arrears is made without prejudice to the Respondent (me) establishing additional arrears based on Alexander Barry turning age 18 and finishing high school in January 2010. Interest is not waived. I had not added interest as I wasn't sure how. I am still very confused...the NOD is 6% per month - arrears 10% per yr? I have filed NOD twice but in the 1997 ORDERED amount. Additionally, I told the judge I made a mistake the total amount I was seeking because of the fact that I no longer was required to offset Petitioner's payment to me for my older child per unsigned/not filed agreement which said he would pay me x amount per month for our younger child and I would pay him x amount for older. My obligation ended last yr and that changed the total due to me. The judge said he could only work with what was in front of him so I would need to refile to change the total. My questions are: What do I file next? Another motion? An OSC? Do I submit a stipulation for judgment so I at least have a valid child support order reflecting the 2003 agreement amount? Can I and should I file a Notice of Delinquency for every unpaid payment since 2009 or do I need to wait until it is a signed stipulated order?

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Find an attorney who does child support arrears. You have a lot of questions and you could get it wrong. The attorney will put on the interest so it is to your benefit.
Answer Applies to: California
Replied: 6/3/2011
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