Support Order
Any judgment, decree, or order of support, administrative or judicial rendered, for the obligor to pay the obligee for the care and support of the child(ren) at issue. Support orders can be temporary or final, and are subject to modification or revocation.
Question: How would one get a copy of a family support order in Michigan? My husband is in need of a copy of his family support order. He wants to file a motion to change parenting time. Does anyone have any good advice how to get this accomplished and in a timely fashion?
Answer: 1) Go back to the courthouse where all of this went before the judge. Find the "clerk of Court" office. Tell them what you need and they will either pull it for you or direct you to "records" and they will pull it.
2) ask for the papers to file a motion to modify the current order.
3) try to "negotiate" with the former spouse is easier and faster and cheaper. Assuming a willingness to cooperate.
Question: What is a notice of registration of bond support order? Does anyone know what this order is? Could it be related to custody? Or could it be to decrease child support?
*** I am in North Carolina. ***
Given Steven's answer, I believe it could be that my husband's ex-wife is getting ready to move. As part of the move she would be unemployed for a period of time. Would this mean that this particular bond would be a promise to pay in the future?
Thank you Steven! When I mill over the pieces, it seems rational enough.
Answer: A bond is usually made (retained) to insure something happens in the future. e.g. a bail bond to insure court appearance I don't know what state you're in but. It sounds as if it is a bond to be put up by someone to insure that they make future support payments or forfeit the bond.
Question: What are some ways you can lower your child support order without having to take a lower paying job? I currently live in Delaware, and I pay 1500 a month for two children. As a result i have to work two full time jobs to keep current. As a result i rarely get to spend any time with my two daughters (4 and 6). The mother makes about 45000 a year, and i made about 75000 last year. The mother refuses to even address lowering the payments and having me spend more time with the children. I would rather spend time with them then spend at another job. I am contemplating taking a lower paying job just to get the support order lower. Also, she does not want shared custody for obvious reasons.
By the way she is married, so she is not alone.
Answer: One thing to remember- the courts almost ALWAYS make their decisions based on the welfare of children in any case. With that in mind, I would hand this information about their limited time with you, their father, due to the necessity of needing a second job, and make that your case- NOT the money. Also, it will not go unnoticed that the primary residence of the children has two breadwinners. If you do the math, a lower paying job may lower your payments a little, but not enough to cover for the loss you take with that job so I believe that route isn't in YOUR best interest UNLESS it offers you more time with your children. I have 3 kids full time. It does cost me more than $750 to provide for each child each month so consider that as well. I would, if I were in your position, ask my attorney to have the courts reassess these calculations based on total household income if it's possible in your state. I wish you and your children the best of luck!
Anthony
Question: Will you have to pay arrears to a custodial parent if you request a decrease in a support order? My childs father is requesting a decrease in his child support order because he had a reduction in hours at work due to his neglegence. Will the court decrease what his current support order is for? And if they do decrease it, will they make him pay arrears on the difference?
I live in PA if that helps :) thanks!
Answer: They will likely decrease his obligation for child support. Arrears is money that he owes that he has not paid. The amount he is in arrears will not change. They may decrease the % of that he has to pay each month, but the total that he is behind will stay the same. Any reduction will take effect the day the court rules on it.
I know it isn't fair to your kids, but it is the way the system works. People who are ordered to pay child support can be ireesponsible, and get rewarded for it. My husband's ex wife took a job making less money on purpose, and they raised his child support to compensate for her loss. Now our kids suffer because she wants a free ride. Mind you, she doesn't spend it on the kids.
Just keep the end in sight. At some point, you will have to deal with him less.
Question: Will I have to get the second mother of my children to take out a support order? I have 2 children by two different women. I pay court ordered child support for one, and I pay the other by hand or mail (there's no court order). The current support order is based solely on my income. Will I have to get the second mother of my children to take out a support order, so that it's considered and calculated into my income with the current order?
State of VA
Answer: First may I state in all honesty as regards the one you pay directly:
YOUR A** IS GRASS AND YOU BOUGHT HER THE LAWN MOWER!!!
NEVER, EVER, PAY CHILD SUPPORT WITHOUT A COURT ORDER!!!
what you've been giving her is a gift and not support, and I don't care if you have receipts signed by her using her own blood as ink, she can still file for retroactive child support of you. YOU NEED TO FILE, NOT HER, because if she does, you will get hit with all court costs. I've seen hundreds of cases like your in 20 years of working with fathers. You're asking to get it in the rear, without the benefit of Vaseline or a reach around.
You can file a voluntary order. You also have no legal rights to the children until granted them by a court, whether you're paying by court order or not. To learn what you need to do go to Dads House in Yahoo Groups.
http://dads-house.org/
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Question: Can you put a provision in your Washington child support order for annual expenses? Recently, I asked my ex-husband how much he could afford to contribute to his daughters school clothes and supplies, his response was "that is covered in my court ordered child support."
I do not agree, as that support is calculated based on the basic needs of the children without taking into consideration the expenses that occur only once per year.
Does anyone know if a provision can be added to your Washington child support order for this annual expense?
Answer: Sorry, but I have to agree with your ex. Unless the child support order specifically states, he is not responsible for any additional expenses. It's up to you to budget for those things out of the support he already provides.
You could try to go back to court to get a modification, but the Judge is likely to say that those things are already taken into consideration. If the support amount was calculated based upon a percentage of his income, it would hardly be fair to ask for something above and beyond- especially if it's for a normal expense such as this.
I know it's not easy raising a child on your own. Hang in there, you'll find a way to make it work.
Question: Are parental rights terminated for non compliance of Support Order in excess of 12 months? Support Ordered in March 2003, I attended preliminary hearing to drop charges in April 2005-Katrina prevented it from being finalized. No payments were EVER made. No civil or criminal consequences have been levied. I would like to know my standing with regards to his rights, as I have a restraining order against him up in March 2009(domestice abuse). I don't want to leave custody unresolved, and I need to make informed decisions.
Answer: No. Each state has its own laws for termination of parental rights. In my state, for example, you would need to show no contact of any sort, not even a christmas card, for three years. While each state has different standards, no state would terminate parental rights for purely financial reasons. They might put someone in prison, but not terminate parental rights. That does not mean that a court may not consider support when deciding whether to change custody, but that was not your question.
Question: If I get back together with my daughter's mother what happens to the child support order and arrears? If I get back together with my daughter's mother what happens to the child support order and arrears ? Would that be cancelled or forgotten? Anyone know? State is NJ and arrears were developed bcuz the baby was thought to be her boyfriend at the time, we broke up and found out after her new relationship with him so he paid thinking it was his daughter and that time was placed in as arrears.
Answer: She could have the current payments stopped, but the arrears remain as the states get matching funds from the feds on arrears. In this economy, they are not wanting to give any of that up.
Question: how do i cancel my child support order. we are living together and happy? we have reconciled and are living together happily. how do i cancel the support order i initiated?
Answer: A phone call would be a start ?????
Question: I want to stop a order for child support order in ohio? Me and my husband want to move back in together after two years. I went through the court and an order for support was set. He had his first payment deducted out of his pay. I havent receive a payment yet.But I want to stop the order. Will he also have to pay the back owed amount and how do I start this do I go through agency or court system?
Answer: First, I would rather see you date for a while, without shacking up, and get back to where you were when you first dated. Jumping back into it can be problematic. As for the child support, just talk to child support enforcement for your state and ask for a modification to zero amount. Good luck and all me best.
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Question: Can a mother get a child support order against the father of her daughter if he is a illegal immigrant in the? Can a mother get a child support order against the father of her daughter if he is a illegal immigrant in the United States?
Answer: Probably the U.S loves to give Illegal immigrants all the amenities that the real U.S citizens have.
Go ahead and file
Question: Filing for divorce in Texas. I have an enforceable child support order. Do I file with or without child? I had a child with the father before we were married and I paid child support, we seperated after marriage and I have been paying child support for two years. I am filing the support order with petition. Do I fle with or without children. Read that if child support order was already ordered to file without.Please help.
Answer: This would better answered by your lawyer (you do have a lawyer, don't you?)
Question: what happens to child support order about school issues? In order to attend a better school that in my district,I agree that my daughter will stay with her father (non custodial) during school period and be with me on week end and holidays (vacations).
There is a court order for child support for the last 10 years should it be modified now for those circustances?
We have right now joint custody with me as prime custodian.
What should be done?and how?
Answer: Child support is for the child and is based on income and expense. Since your expenses will be less now that your child is with her father more, the order may need to be modified. You should see an attorney in your state to determine the guidelines based on your circumstances.
Question: Why hasnt a judge signed my child support order yet? I went to Social Services and issued a request for child support in December. At the beginning of March my childs father went to court and told me that he was ordered to pay a certain amount a month. I never received any paperwork informing me of this order so i contacted the child support enforcement. They just sent me a letter saying that the holdup is that the judge has not yet signed the order. Any ideas as to why it would be taking the judge a month and a half to sign a piece of paper?
Answer: Back log, vacation, illness..the judge just may be busy with 100's of other cases too.
Question: Can another state modify an existing child support order? I live in Virginia and after we split up, my ex used a friends address in TX so the child support order was setup in Texas. Ex has now relocated to South Carolina and went to DSS down there with the TX support order requesting them to modify the order. SC child support office sent me a letter requesting my financial information for them to review and determine if they should proceed with the reduction request.
Can South Carolina modify a child support order from Texas?
Answer: No.
Question: If the father leaves the state to avoid paying support before a support order is granted..? If my son's father leaves before a support order is granted, he leaves the state to avoid responsibilities. what will happen??
I live in NYC...lets say he goes to Arizona or someplace else really far
Answer: They will hunt him down. You will be given a court date and if he doesn't show, then he will be in contempt of court. However - if he goes to Florida or Arizona (there may be more states too), they will not extradite them back to NYC. Some states just don't do that, unfortunately.
Question: i have a child support order(out of NY STATE) based on a fraudulant tax return, it was noted by a judge and ma i have a child support order(out of NY STATE) based on a fraudulant tax return, it was noted by a judge and magistrate that defendant was being untruthful and was evading tax's, could i bring this back into a higher court for a new settlement?
Answer: Most certainly, you should definitely fight it.
Question: Can I get help while waiting for a child support order? I recently seperated from my childrens dad. We were never married but lived together since before the kids were born. I am in the process of having a child support order served but until then I was wondering if there was anything else I can do? He has not sent any money towards the kids and the CFE said it could take up to 6 months to receive anything. He lives in Ky and the kids and I live in Fl. so I am paying 100% of everything, including 800 a month in childcare.
Answer: Sorry, but no father should pay support without a court order. If they do, the mothers usually scam them because anything not paid through the courts is considered a gift. They mother take the money, than file retroactive support on the father. I have a case in you state right now where the father has been ordered to pay $50,000 in retroactive support, which he has already paid her, only without a court order. I'm sorry, but mothers cannot be trusted to give them money without an order in place.
I'm also sorry, however, I'm at fault for the delay. Due to the large layoffs of men in the last two years, we've been actively teaching them how to get free legal representation from Child Support Enforcement to get their support modified. This has cause a major backlog in the case loads. We are trying to get the states to set up an expedited procedure, but only Iowa has responded to the request.
Note though that if you moved to Florida from Kentucky, than your other problem is jurisdiction. They cannot even file until you have lived there for six months, so it will be even longer. Plus, Florida may have no "Long Arm Jurisdiction" over him. You may need to file in his state.
Your alternate option is to mediate an agreement with the father. This can be done using a Certified Mediator, rather than hiring attorneys. Once finished, you or he will need only register the agreement with the court and request a hearing date. At the hearing, you swear to the content of the agreement. If you moved to Florida, this will need to be done in Kentucky.
http://medation_n_family_law.dads-house.…
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Question: If I marry the father of my kids who is paying child support to me, would I have to cancel the support order? He pays other support orders for his other kids. Legally, would I have to stop my child support?
Answer: Does it matter? The money just comes back to your household where he lives anyway so he isn't really out any money. He pays it and then he puts it back into his bank account since you are married now.
You can stop the Child support and cut out the paper work and the middle man. Or you can leave it the way it is and no one is really out anything since the money is all coming back anyway.
I would opt for option #1. Get the state out of the picture. Keep your money in your pocket to begin with so no mistakes can be made or money accidentally lost.
Question: What would it take to move my current child custody/support order to Texas? What would I haved to do move my current child custody/support order from Missouri to Texas?
Answer: I don't think we have enough information to answer your questions properly. Are you the one paying or receiving the child support? If you are the one paying child support, all you do is notify your new employer of your court order and they will start deducting. If you are the one receiving child support, first of all you have to make sure your custody order does not stipulate moving conditions, ie, staying within a contingent county, or providing sufficient reason for the move. Then your child support payments will still come through the state of Missouri. If and when you go back to court to change or increase child support then you can weigh the cost of moving the case. Which may hinder you from going forward with that.
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