How do I cancel papers I filed with a court?
I went to the state supreme court in New Jersey the other day to file for a set child support payment ad visitation of my son, and I was given a court date. But, his mother and I have come to an agreement, and I wanted to cancel the court date and file that were given. How do I do this? Is it even possible?
Answers:
Congratulations on reaching an agreement. Many people do not have the maturity to be able to do that.
Before deciding whether to call off the hearing, you need to ask yourself a question: Does the agreement you reached modified an earlier court order, you need to ask the judge to approve the new arrangement. Failing to do that means the old order remains in effect and is enforceable.
If that is not the case, then the judge may allow you to withdraw your motion. Just call the clerk's office. If he/she does not, then take your agreement (and the child's mother, if possible) to court and let him/her know you have reached an agreement.
If neither of you show up in court it should be dropped. This is a civil matter not criminal so it should just die on the vine. You can also contact the courts and just let them know that you and your spouse have come to an agreement. Unless there was some alleged criminal behavior in your filing, the courts should be more than happy to clear the docket of your case. They actually prefer couples work these matters out between themselves.
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