Can DCSE order it?

[dipper]

For five years, dh has paid cs for his youngest son.  Yesterday, he was awarded custody - beginning once school is out.  Support was  not addressed and was not of main concern for dh.

Now, we are wondering, will DCSE take care of all of this if we ask for their assistance?  They have the case right now where dh is paying...so, what is the process.....

* send in new court order
* request for support to be reevaluated and reversed?

Is that about it?  Wont DCSE assess it and then file in court themselves for a court order enforcing their decision?

[MixedBag]

you'll have to get the ball rolling yourself if it wasn't ordered.

The day you get the signed order from the judge that gives dad custody, I'd take a copy of that to DCSE and request that dad's obligation be terminated and CS ordered to be paid by mom.

Depending on the state, CS can be retroactive to the date custody was changed, to the date filed etc.

But honestly, it makes sense for Dad to pay CS if the child is with mom until the end of the school year since CS is for the child.

But you got the right idea -- to get it stopped and reversed.

[leon clugston]

NO. they will not, not unless the court sent them a file adressing the change, however you would have a copy of that, and if it wasn't adresses then it deffinately didn't happen. Monie is monie, from who, how or where, is not there concern, the states get its portion with the federal kickbacks, whether its assignment is correct or not.;They can order it, but you will have to file a for a modification with them, or file a motion in court for modification and lawfull correction of distribution of funds.

[dipper]

He will pay until the end of school year.  I was just wanting to make sure that we dont need a court order for support - that DCSE can handle it all.  I looked at their site again and found a form requesting services.  I imagine the process will take quite some time.....processing, getting income information, processing again.....yada yada......

[lucky]

I think Leon's right.  If it wasn't addressed, they won't stop it unless you file a motion to stop it.  

[em]Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip.
- Will Rogers[em]

[MixedBag]

you'll need a court order to stop Dad's obligation.

you'll need a court order to receive $'s for the child.

And yes, DCSE can handle it all.

You know -- call them and set up an appointment "now" to get a feel for the whole process.

and ask them IF DH can stop paying once the child is with him inspite of a lack of an order that says he can stop as long as he files the paperwork.

[dipper]

Talked with an operator today who told me that since it is already going through them, we need to request a review of current order.  they would review it and then file the motion in court to have it finalized.

I have been given misinformation before by someone who just answers the phones, but I looked at the form she told me - and it does mention the reversal of custody on there.  So, I guess we will try that route and see......

The main thing is having it stopped and not paying once dh has custody.  

[leon clugston]

that will work, if you want to deal with them and there administrative ordeals, however dont be surprised if they take a while to make the change, they can be fast or real real slow, you dont have to go thrue them but that is youre choice, as I try to remind people CSSD, or CSED,.etc. is always at the option of the people.

[iLUVmySD]

My husband and I are going through the same thing with my SD.  He was just recently awarded custody in April.  Our case is a little tricky though because the CS order is in Nevada and the new custody order is in Arizona.
We just sent certified copies of the custody order to the CSE agency in Nevada and they stopped ongoing support according the the order.  However my husband had some arrears which is a whole other ball game all together.
However the CSE caseworker in Nevada did say that my husband can file for child support from BM with the DCSE agency here in Arizona to pay back those arrears.
Complicated I know.

[dipper]

I dont know what that stands for?

We sent a request for a review to DCSE.....but didnt have the new custody order....just got that yesterday, so need to get that in the mail as documentation.  

The main thing is just stopping CS and having any payments made after the custody reversal be counted as unpaid medical expenses......

She needs to pay some amount of CS, but we just dont want to pay her when he will be in our care..........

Thank you all!