Welcome to SPARC Forums. Please login or sign up.

Apr 21, 2024, 02:33:02 PM

Login with username, password and session length

child support issue

Started by Amarant01, Nov 20, 2017, 09:45:53 PM

Previous topic - Next topic


Hello All,

So I made a few post about custody issues some months ago.  The give a quick breakdown, my childs mother had abandoned him for a period over 8 moths before showing up to court.  I was awarded Primary physical custody and Joint legal custody for her actions.  My questions now deal with child support, as I am still paying child support from the prior order.  The DCSE stated that it will take two months, to completely close the case, and I assume, remove the wage withholding.  In the meantime, I have a court date scheduled with the court to terminate the child support.  My first question is whether the court will only hear the case about the termination of the current order, or whether an adjustment to her paying child support can occur.  My impression is currently that I will have to file a separate case to take out child support on her.  My second question, is whether I will be able to be compensated for the child support paid effective of the date of the change in custody?  Im fine with paying the child support currently, as long as I am able to get it back.  I cant take care of my child with it, if I do not have it.  The third question is whether I can be compensated for the 8 months of child support that I paid where the mother was absent?  This is a bit of a stretch, and I do not believe I will be able to, but if there is a way, I would appreciate knowing.  Any insight would be appreciated.  Thank you!


Can you take the new custody order and drop it off at your child support office? Here there are a few offices around the state you can walk in and talk to someone. Or send that new order , overnight with signature to the child support office and request the stop garnishment immediately. I am surprised the judge did not order the stop at the last court hearing or at least tell ex to give you back money. Usually they go back to the date of filing. So whatever date you went and filed, it would be back dated to then. She will then owe you that money if she cashed the checks. You could also request by certified mail to your ex to reimburse you when she receives checks as you have child now (may work). Or wait for that next hearing and get the stop order and bring to child office. You can also call their office and ask if they got the last set of paperwork and ask/demand you talk to a supervisor to stop if faster as you have child NOW.
As for mom paying, you would have to file for that, if you file now they usually connect cases together and both may be heard same day. Also before you go to court, have child support office send you a complete account of payments (or print off online account-some states you have access to your account) so you can show judge you have been paying and ex has been getting money. Judge may feel for you and give you credit but don't hold your breathe.