Child Support Order
The document that sets: (1) an amount of money that is to be provided by a parent for the support of the parent’s children and/or (2) the responsibility to provide health insurance and/or medical support for those children. This amount or responsibility must be established by court order or administrative process, voluntary agreement (in States or Tribes where such agreements are filed in the court or agency of the administrative process as an order and are legally enforceable) or other legal process. It may include a judgment for child support arrears.
Question: What is the difference between a child support order and child support judgement? I have an order which is deliquent over 7,000 but I see people on TV suing for back child support what is the difference if it wasn't being paid in the first place?
Answer: Child Support Order = Legal document stating that one person must provide another person with XXX amount per month for the purpose of child support.
Child support Judgment = An action that happens inside the courtroom by the judge to determine how much child support should be paid per month.
Back child Support = In some states a woman can file for child support when their child is 17 or 18 years old and ask the court to make a Judgment for back child support. This amount is usually tens of thousands of dollars and typically bankrupts the father who didn't even know they had a child. You can file for child support any time from when the child is born until they turn 19 in most states. However, only a few states allow for child support all the back to the date of birth, most states have a 5 year law, and in some you are only eligible for child support from the moment you filed.
In you case you have an order that is not being followed. I highly recomend you take that order to child support services pay $25 for a filing fee and let them take that ordr and hold the other person in contempt. Their drivers licesnse will be suspended, they could go to jail, and their tax return will be intercepted and you only have to file some paperwork and pay $25 and let child support services take it from there.
Question: What does it mean to have a review of a child support order? I am the one of the children that do so happen to receive child support every month. Today i received a letter from the attorney general asking if i wanted a review of the child support order. It says that its used to determine whether or not the child support complies with the Texas child support guidelines. It also says that if it does not comply, the amount of payments can increase, decrease, or remain the same. I want to know what necessarily a review is and how it can affect me. Please be as descriptive as possible. Thanks in advance!
Answer: Bottom line if you are the kid, this has nothing to do with you.
If you are the custodial parent and you are happy with the amount of child support you currently receive then just ignore the letter.
If you are the custodial parent and can barely make ends meet due to the increase in the amount of things you need to buy for the children and you think your ex may be making more money now then respond to the letter and the attorney general will review the case and see if you maybe qualify for more money based on your ex's current salary.
Be warned if he has a decrease in salary or lost his job, you could get less than you do right now.
Question: Can I modify a child support order that was registered in a different state? I have a child support order from state A. Since the order was created I moved to state B (where I lived for several years) during which I had the support order registered in the state that I had resided in. Several years later I have now moved back to state A. Which state do I modify my order in state A or B?
Answer: The child support order was created in state A. State A will always have jurisdiction. You will have to modify the order in state A.
Question: Child Support order is reserved and non-custodial parent is receiving unemployment benefits? My friend has a child support order which is reserved. The child's father, who is non-custodial parent, is presently receiving unemployment benefits. She wants to change the court order so that she can receiving a monthly child support amount. Because the father is receiving unemployment benefits, can the court order be adjusted to include a monthly child support amount? Or should she wait until the her kid's father gets a job. Please help...
Answer: She should contact child support and request a modification. Why was the order reserved in the first place? He had to work in order to receive unemployment.
Question: How do you refile for child support after you've sent in a termination order? After my son was born and we still lived together i was convinced to terminate the child support order before the court date. I sent it in and never heard back. I have since moved out and medicaid has to file with the child support agency. Am i still able to get it even though i sent in the termination order previously?
Answer: No, the state will get it.
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Question: How long does it take for child support to enforce an order? I got a child support order about six months ago, but my ex has not attempted to make any payments. They say that he is in contempt of court, but what does that really mean. Will they eventually do something or will I just keep getting the run a round?
Answer: They who?
Contempt of court means that someone is not following a court order, but to you that really doesn't mean much.
Who it will matter to is either child support recovery, or your attorney General, depending on your state and what that division is called.
In Georgia it is child support recovery and it is exactly what it sounds like. My husband got custody of his child and on principle his ex didn't think she should have to pay. So he made an appointment with child support recovery, filled out about 20 pages of paper work, gave them a $25 fee to open a case, and gave them a certified copy from the court house of the child support order, and they took it from there. Although he did call about once a month to push things along, if you don't call your case may get bogged down in red tape, but it is a quick call.
The mom has had her drivers license suspended, been called into court with the lawyer for the state representing the best interest of the child, and she didn't even show up so she was found in contempt and had 2 choices, pay the entire amount owed or there would be an arrest warrant issued and she would go to jail....funny enough she paid. Then she didn't pay anything and we are due in court again on 3/18, and still it didn't cost my husband anything except that $25 fee at the negining. Well actually, they took $1 as their fee for collecting it...big whoop.
They can also set it up so that the money comes right out of his paycheck every month, if he has a normal job. And if the back child support gets up to a few grand they can seize is income tax refund too! All in all it is a pretty cool place, and done with very minimal effort on your part.
Question: How can I modify a child support order retroactively to the date I became unemployed? I live in Florida, divorce order is in Ohio, ex spouse is in Georgia. I went to Child Support Enforcement in Florida in August 2009 when I was laid off and requested a change of venue and a modification based on my income. Nothing has been done and Ohio says I am in arrears now. How can I fight this when I did exactly what I was told to do by the state? I am still unemployed and cannot afford an attorney.
Answer: Unfortunately you are in trouble ,your payment will continue to stack up!There is no such thing as retroactive stop child support payments or anything to that nature.
Question: Can a woman file a child support order for an unborn child in California? A friend of mine's ex-girlfriend is claiming to be pregnant even though he thinks she's lying. She's now saying she filed a child support order in court today against him, but IF she's pregnant she's only like 10 weeks. I think it's just for attention, but is it possible to file an order that early?
Answer: file what?
There is no child? You can't even be charge with murdering a unborn child until the mother is about 7 or 8 months pregnant. So you can't get support for a child that isn't living out side of the worm.
she is playing games.
Question: Will the state of California establish a child support order for prior periods? Will California allow a petition for child support when the only issue is retroactive (back) child support, if there was never a court order for child support before? Never married.
Answer: No.
If you and the father were never married then the first step is to have a court declare him to be legally the father. This may require a paternity test, but if he admits to paternity that will be enough. Once paternity is legally established, child support can be ordered back to the date when you first asked the court to declare him the father and pay child support. You cannot go back prior to that.
The exception to that rule would be if you can prove that you and he had a specific agreement for him to pay $xx a month in child support, and he didn't. Then you can sue him for the unpaid support as a conventional debt, just like it was money he owed you for a car or a loan.
Richard
Question: How do I get daycare fee added into my child support order? My ex husband is court order to pay child support, half of daycare fees and half of babysitting fees, he is not paying his half of the daycare expense on time and no babysitting fees. Can I get these fees added to my child support?
Answer: You cant get it added. What you can do is go to the authorities and it'll solve your problem. It took one time with mine. Fines and someone watches over it and corrosponds with you. Jail time is an option too
Question: Child support in a household where a support order is in place for one child, but not the other children? I'm in Missouri. My husband pays child support for his child, but his ex has 2 more children that do not have a support order. His child support was supposed to be increased, but it's been months since the hearing & it's never been raised. Is that because there is no child support order on her other children? Could my husband dispute an increase on that basis?
Answer: He needs to check into it, you don't want a situation where he maybe owes thousands of dollars in back support. If the other kids aren't his then they aren't his problem.
Question: Is it possible to have custodial parent sign some sort of order to suspend child support? I owe a ton of child support (like 3 grand) and I need the child support orders to stop so I can catch up with payments. I live in Maryland. I heard in some states the custodial parent can suspend the order, is that true? If so, what is required?
Answer: I don't know, is it possible to have children stop eating, needing housing, clothes and health care why you catch up on your support? I'm not sure if it's true, but I hope not.
Question: If a mother and father agree to terminate a child support order, whats happens with the arrears? My son's father and I have decided to terminate the child support order to deal with this privately. He currently owes a good bit of arrears and we are due in court for a contempt hearing next week. Everyone is telling me I am doing the wrong thing and shouldn't terminate the order but it is in the best interest of everyone involved. Anyways, what happens to the arrears that he owes? Will he still be responsible to pay it or is the case closed on the spot?
Answer: If you choose to drop the child support order, you can forgive any back child support that he owes you. The court leaves that to you to decide. However, you can not forgive any money owed to the state, such as medicaid. He will have to pay back anything still owed to the state.
EDIT:Yes, the court will allow you to do it. You do not have to have a child support order. It is up to you. Look up the attorney general website...it says you may drop the order at any time. You just need to contact them to let them know you no longer want their services.
Question: How can anybody get a child support order if they live in a diferent area? my bf ex hs moved to south california from north...he just got a letter from dmv that she has a court order for child support but he has not received any papers ever...she moved there 9 monts ago...what does he has to do
Answer: THIS IS NOT TWO DIFFERENT STATES. North California and Southern California are still one state.
Child support is ordered in the state where the child lives.. which has not changed. It is completely legal for her to file in any county court.. there needs to be documents filed, and if DMV has it, there is a case number that he can use to search, and locate when and where the order was filed.
I cannot answer as to why he never got papers... if she did not know his location/ address, they can do this by filing notice in the newspaper. It is possible that they tried to serve the papers. In many states.. if the mom is getting any kind of assistance, it will be the state filing the papers, to be reimbursed.
The "different area" is completely beside the point. He needs to find the case number, and obtain copies of what was filed and ordered. That is what he needs, if he chooses to argue about the order, or if he has good reason to think he is not the father.
Question: Can I move my current child support order to Texas? I currently have a child support order through Missouri, because my ex filed on me first. I have full custody of my daughter and we have been in texas for 5 years. Can I move my current order under Texas law?
Answer: Yeah!
But I wouldn't do it, Texas is a Pure Red State (Republicans) and they're not so acceptant of that stuff.
answer mine please?
http://answers.yahoo.com/question/index;_ylt=AuMlJ4ThXV.S0XSOOqOqCpPsy6IX;_ylv=3?qid=20091125114005AASxi6F
Question: So I went through the state to get a child support order from my ex? And my ex and I just got a letter saying he will have to pay $450 a month. Ex is mad as heck, and now says he is going to take me to court to change our custody ( we have joint now, with me being the primary custodian) to making Him the primary, along with more custody time than he has right now (in order to get out of paying child support). How will the judge react to this little game to get out of supporting his child?
Answer: Hire a good lawyer, but you should be fine as your ex is just having a tantrum. Judge's seldom transfer custody to the non-custodial parent when there is a perfectly satisfactory agreement in place already. Your ex is also rather stupid. Even if he does manage to get equal time awarded by the judge, if he makes more money than you, he will still be paying child support. And if he does manage by a miracle to get sole custody, he is going to be very unhappy. He would be giving up all his free evenings, plus stuck with a whiny little girl and a ton of housework, just for $450. Obviously, he isn't thinking this through. Hopefully he thinks clearly very soon but if not, hire that lawyer. Take care.
Question: My friend is about to go into army basic training but have a child support order how will this play out ? He's married with a daughter but just found out that he has another before he met his wife and now have a child support order and he goes in next month for basic training but he's s
wants to know will he get wife still receive his full bah while in basic training ... He knows that there's no running from child support but wants to know will his wife get his full bah ?
Answer: His wife will receive whatever money he allots to her or whatever money goes into their joint account. The child support will be automatically deducted from his pay. Then he receives the rest to do what he wants with. BAH does not automatically go to the spouse nor will it go automatically for child support. For example if his child support order is for 300 dollars a month that gets deducted out of his pay.
Question: How do I file a motion for a child support order without a lawyer? In my divorce I was working and child support was not ordered except he has to make my car payment.I lost my job after 22 years at Ford.Now I need child support to help raise my daughter.I don't have money to hire a lawyer,how do I get child support for her from my ex?
I live in Ohio.He is covering her on his insurance.He also is not sharing the parenting agreement.
Answer: send your BIG brother to talk with him
Question: When will my husbands child support order stop. The child is nineteen? We received court papers stating that child support will stop May 23rd for his child, but as of yet, the child support agency has not sent the order to my husbands company telling them to stop child support on May 23rd. There is no back support owed on this order, and neither parent disagreed with this happening. Does anyone know how long it takes the support agency to send out the paperwork to the employer? I live in Ohio.
Answer: Usually they don't send a termination notice until the date it is to stop. Child support will return any extra money that was sent in. I've worked in payroll departments and they usually do it slightly after the fact. Communicate with his case worker near the date and make sure an order to terminate was sent. Good luck
Question: I have a child support order that has been filed, but not been honored last year. how do i get it enforced? I have an out of state child support order...but hasnt been honored the last year, I need to know how to get the order enforced without expensive cost of a lawyer?
Answer: You can request the assistance of your state's child support enforcement agency. They can garnish the other parent's wages, take tax returns, etc. and do so for a small or no fee.
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