Legal Question in Family Law in New Mexico

Modifications

It is my responsibility to submit a child support modification this time, but at my ex-husband's request, there is a life insurance issue that needs to be changed. My question is: Can I avoid having to submit 2 documents by just modifying the first stipulated settlement agreement? There has already been one child support modification. I assume that the Order to modify child support is only for child support? What can I use to just make all changes in one submission? Thank you!


Asked on 6/03/03, 10:50 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: Modifications

There is a part of your question that makes me want to have more information. What do you mean when you say "it is my responsibility to submit a child support modification this time"? To whom are you submitting a modification and what makes it your responsibility? Are you court ordered to do so? Are you involved with a state agency such as Child Support Enforcement Division?

The other part of your question is easier to answer. You asked "Can I avoid having to submit 2 documents by just modifying the first stipulated settlement agreement?" (Again, What 2 documents are being sought?) The answer otherwise is a qualified yes. The qualification is that if Child Support Enforcement is involved then they will have to be involved with the settlement agreement; however, my experience with that agency is that if the parties agree CSED will generally agree also. If you have some other reason or qualification about whom or to whom you must submit the (unknown) documents then you may not be able to reach an agreement without that being done. After you have submitted the documents you may have to get the consent of the person or agency to whom you were supposed to submit the documents.

The general note here is that the law favors stipulated agreements. You can even agree that something, like child support, will not change. You should plan on telling why you reached the agreement that you did.

If you want to follow up with some information addressing the questions I have please feel free to do so. Otherwise, good luck.

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Answered on 6/04/03, 10:24 am


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