Can’t File Income Withholding Termination Order Until Child Turns 18 And Graduates From High School

The court’s have become very strict lately with the filing of termination of income withholding orders.

We used to be able to process them with the divorce court a few weeks before they met the criteria as it always takes a few weeks for the court to process them. Then they have to be served on the employer which adds additional time.

Now, the courts are not allowing us to file the termination order until the minor child has turned 18 and graduated from high school.

The problem this cause is that it always results in an overpayment of child support due to the court delays in signing the orders.

Tim Blankenship here with Divorce661.comand what we’re talking about today is what does it mean when your judgment or agreement in your divorce says, “further order of the Court”?

This can appear on your spousal Support agreement is mostly where you’re going to see it. And we had a question come up this week. With what does that mean in the scenario was there were some spouse support being paid for several years. The divorce was finalized and the They now want to have a new agreement to do a buyout.

And the concern was well, what does it mean? Because it says, you know, further order the court. Are we able to make an agreement that the court will agree with? And that’s how that works.

What we do is we draft the stipulation and the parties sign it. And then when that gets submitted to court, the judge signs it and that is the further order of the Court. Doesn’t mean they’re making the decisions. They’re just making the agreement you guys signed the stipulation, the New Order of the Court.

Tim Blankenship with Divorce661.com. And recently we had someone schedule a consultation with us through our app on our website and the in the notes that said that they thought that the wife was going to be amicable.

Fortunately, he provided his case number so I was able to look up the case and what I saw was a couple of red flags to indicate that the case was not going to be amicable. One, the wife had an attorney. Two, the petitioner, the wife filed a motion to get spousal support, custody, visitation child, support, the works.

That is definitely an indicator that it is not amicable because if it is an amicable divorce, you don’t file motions to go before a judge to get the judge to make certain orders right off the bat. In fact, Court isn’t required at all when you use our service, when we put together a full agreement for you. So give us a call Tim Blankenship, Divorce661.com, Hope you’re having a great day. We’ll talk to you soon.

Tim Blankenship here with Divorce661.com. What we’re talking about in this video is I had another call with both the spouses today where they had hired an attorney, they thought collectively, and told the attorney we want to hire you to handle our uncontested divorce.

And that’s fine. I mean you’re going to spend a lot more money than you need to then using a service like ours, but what happened was the attorney actually showed up on record as representing the petitioner, the wife, and that’s not so much an issue, is that going on a year and a half, what they found out is after all the money they had spent nothing had been finished. They filed the initial petition. They served the initial documents.

But after that, their case, just remained unfinished. And what’s worse is for several months there was no response from the attorney to move the case forward. And I can tell you why. This was not a money maker for the attorney. They had already paid their initial retainer, but there’s nothing they could bill against because they weren’t going to court. There’s better options. Give us a call.

Tim Blankenship here with Divorce661.com. And in this video we’re talking about the fact that if you and your spouse are in agreement, you do not need an attorney for your divorce.

We handle amicable divorce cases, have done so for 10 years, and I bring this up because I had a call today on a consultation from a ne client who said that his wife had used an attorney and hired an attorney, obviously to prepare the paperwork, paid $2,500 dollars to process their divorce, Knowing it was uncontested and did the initial petition and filing and did the proof of service – did not help the respondent, the other party do any of their paperwork.

So they had their own fees, filing their own paperwork, trying to do their own thing. And in the end when they went to move the case forward, the attorney wanted another retainer.

So the $2,500 dollars wasn’t even a flat fee. There are definitely better options. Give us a call.

Tim Blankenship here with Divorce661.com. And what we’re talking about in this video is if you requested to restore your maiden name, in your divorce and you get your judgment finalized by the court.

Say, you know, it’s March 2022,but you have travel plans in September or sooner or later, doesn’t matter. And you get this court order saying, you know, you can now restore your maiden name. We’ve had this come up twice now with our clients.

They’re asking, do I have to run out and get this done quickly? Go Get my name changed. My driver’s license, social security card, and then change all the information on my travel plans, and the answer is no, just because you have a court order to restore your maiden name, doesn’t mean you need to run out and do it within any particular time.

Some people do it, 10 years later and that’s totally fine. They wait till their kids turn 18,and then they use that order to restore their maiden name. Tim Blankenship. Divorce661.com. Hope you’re having a great day. Talk to you soon.

What we’re talking about today is the 30 days you have to file your response after being served.

We had calls where people are somewhat panicked because they might have 10 or 15 days or so before the response needs to be served and filed and for us anyways, that’s generally not an issue.

If you are running up against a hard stop like that and you maybe can’t get an attorney to file a response for you or can’t find someone to retain in that time, all we need is three days before that 30 days is up so we can draft it and get it in the mail.

It just needs to be served by mail and get into court and get filed. So, I would say 72 hours, you know, three days before that 30 days is up is when we would need to be hired to get that response in for you.

And then if all you want us to do is file the response as a single service because perhaps you need an attorney and your spouse has an attorney, that’s fine as well. We can do a one-off service like that where we just filed a petition for you. Tim Blankenship Divorce661.com, Have a great day.

Hi, Tim Blankenship here with Divorce661.com. And it can’t be talked about enough. I talk about it all the time in regards to equalizing your 401k’s and your pensions when you’re going through a divorce.

I keep getting calls where people have a marital settlement agreement where it says they are to divide 4,5, 6, 7, even 8, pensions and 401k’s. And that can be extremely costly to get someone to do that, even with our low cost and our flat fees.

You don’t want to To do a QDRO on eight pensions. Today There was three pensions and 401k’s and that were addressed in the marital settlement agreement to be divided. And in 12 seconds we figure out a way that two of them can be kept wholly and one can be used, the larger one can be used to equalize the amount that goes to the other spouse.

So look at that, as an option when going through divorce so you can save money in the end when you go to divide your pensions.

Today we’re talking about the response needing to be filed within 30 days of you being served. So, we had a call today with someone who wanted us to just to file a response. His wife has an attorney and he only has a few days left to get the response in within that 30-day window.

And the problem was, he knows he needs an attorney for his divorce because his wife has an attorney, but he could not get in to see an attorney. Everywhere He called it was a two week wait just for the initial consultation. So he might have an attorney that he wants to hire, but he just couldn’t get in for that initial consultation to discuss if he even wants to use them as their attorney.

So we’re going to file their response or his response rather and get that done So we can buy them some time to interview attorneys.

I don’t know why attorneys are that busy. But if you do need a response filed and you do need an attorney at some point, we can take care of that for you. So give us a call.