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  1. #1
    Join Date
    Jul 2014
    Posts
    6

    Default How to Modify a Separation Agreement That is Part of a Final Divorce Order

    State: Maryland (Baltimore County)

    I was divorced in 2010 and included in my final divorce order was a separation agreement under child support indicating that due to obligors unemployment and income status that he would pay $25 monthly to be adjusted to take into account change in employment and income status. The order also indicates that obligor should notify court within 10 days of any change of address or employment. There is also information in the agreement that indicates we would split all the costs equally for childcare, school supplies, medical, etc.

    I have full physical custody, and we share legal custody.

    I know ex-husband is now employed and went to Baltimore County Child support office told them my situation they indicated there was no order in the system and that I needed to establish a support order and that child support would contact me with an appointment. I submitted my application the last week of June 2014, then I received a call from the office indicating they were processing my child support and noticed that I had a divorce in Baltimore County in 2010 and to fax the final divorce order to them which I did. To my dismay I received a letter from child support sent to my ex and myself a notice to forward child support payments (collect and disperse) in the amount of $25 to the Maryland support account. This information is under my absolute divorce in the Maryland case search. I don’t see an updated address for him, so not sure how he’s going to receive this letter. Sadly they did not do anything I wanted. Why would I want to enforce $25.00 ordered in 2010, when I put on my application he just paid $200? I just want monthly payments and the new amount they calculate or the amount he has been paying noted for consistency.

    Long to short had I received an appointment per my application I wanted to discuss and advise the office that ex-husband now lives in Georgia (Cobb County), and that I want to modify what was in the separation agreement per the divorce order to start an interstate case. I have husbands home address, driver’s license address, job address, job id ... etc. Also note that ex-husband has started paying $350 consistently since June 2014, on other occasions last year he has paid but not consistently, and 2012 he paid nothing.

    My goal is to come to a fair and amicable resolution to have consistent payments withheld or paid through child support account of course more than $25.00 to ensure I receive support for my son. I prefer to do this myself, is it possible if so what do you recommend I do. Should I go back to the child support office? Go to the court? I’m also contacting a few attorneys as well because when I contacted the child support general customer service center they indicated they see a child support court order for a collect and disperse effective 8/1/14. I’m trying to be fair, but $25.00 I would have thought they would have modified this vs. just sending a letter to the two of us to send through Maryland support account. I’m confused as to why they did not give me an appointment or contact me as to what I wanted to do. Please advise what I can do. Thanks kindly.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Modify a Separation Agreement That is Part of a Final Divorce Order

    If you want to modify child support, you need to file your motion for modification in the court that ordered the child support. A standard form petition with instructions can be found here.

  3. #3
    Join Date
    Jul 2014
    Posts
    6

    Default Re: How to Modify a Separation Agreement That is Part of a Final Divorce Order

    Thanks so much. I was under the assumption that the child support office was able to do the modification.

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