Child support question

[kaylene99]

Soc,
If the NCP's salary increased, does this mean the CS should automatically be re-calculated for an increase even though CP's not asking for it?  If CP eventually asks for it, will there be retroactive payments involved?  Original CS order done in GA but all parties are in FL now.  CS order has not be registered in FL.

Thanks for your advice.

[socrateaser]

>Soc,
>If the NCP's salary increased, does this mean the CS should
>automatically be re-calculated for an increase even though
>CP's not asking for it?  If CP eventually asks for it, will
>there be retroactive payments involved?  Original CS order
>done in GA but all parties are in FL now.  CS order has not be
>registered in FL.

If a State collection unit is involved, they will likely file for routine modifications on a time schedule. If not, then if a party doesn't file for a mod, then there will never be a mod.

[kaylene99]

Soc,
If the NCP's salary increased, does this mean the CS should automatically be re-calculated for an increase even though CP's not asking for it?  If CP eventually asks for it, will there be retroactive payments involved?  Original CS order done in GA but all parties are in FL now.  CS order has not be registered in FL.

Thanks for your advice.

[socrateaser]

>Soc,
>If the NCP's salary increased, does this mean the CS should
>automatically be re-calculated for an increase even though
>CP's not asking for it?  If CP eventually asks for it, will
>there be retroactive payments involved?  Original CS order
>done in GA but all parties are in FL now.  CS order has not be
>registered in FL.

If a State collection unit is involved, they will likely file for routine modifications on a time schedule. If not, then if a party doesn't file for a mod, then there will never be a mod.

[Sunshine1]

I just went through this. CS is in MN though.  MN rules are that you get a re-evaluation of your case every 2-3 years, as well as a cost of living review every 2 years.  If you waive the re-evaluation (the CP, not the NCP) then there is no re-modification.  If you tell them yes, we would like a review then they will proceed on your behalf and do all the work for you...you just fill out the paperwork.

If you are outside of that rotation you must file it yourself and serve the county etc.. etc... so they know about it and show up to the hearing.

The cost of living increase is automatic and you do nothing with that.

Hope that helps a little, if you look on your county website, you should be able to see the rules of CS in that county or your state guidelines actually.  That is always where I look if I have a question.

:)

[kaylene99]

Soc, no state collection unit is involved so I didn't think there would be routine modification schedule.

CS is currently done through an allotment from NCP's paycheck.  There are 2 kids involved.  If one turns 18 or graduates from high school (whichever comes first), NCP would like to modify the allotment to remove support for that child.  Does the court need to be involved with this?  Can this be done legally without spending $$$ on lawyers, etc?
Will a simple notification to CP citing the CS order and the change NCP is intending to make suffice?

[socrateaser]

>Soc, no state collection unit is involved so I didn't think
>there would be routine modification schedule.
>
>CS is currently done through an allotment from NCP's paycheck.
> There are 2 kids involved.  If one turns 18 or graduates from
>high school (whichever comes first), NCP would like to modify
>the allotment to remove support for that child.  Does the
>court need to be involved with this?  Can this be done legally
>without spending $$$ on lawyers, etc?

No. I'll assume that it is not convenient to return to the GA court to deal with this. You need to register your existing order in FL, and then file a motion to modify and terminate support for the child who will reach the age of majority -- which by the way, the age at which support termination occurs is is per GA law, not FL law, because that's where the orginal orders were made. However, any modification to support for the minor child now residing in FL, will be per FL law.

FL has forms on the state court website. You are looking for the order registration form, and the form to modify support.

You could also do this all via your county Child Support Enforcement Agency, and it will cost you nothing, but the tradeoff is that the government will then be involved forever more.

>Will a simple notification to CP citing the CS order and the
>change NCP is intending to make suffice?

Nope -- see above

[kaylene99]

will post below

[socrateaser]

.

[kaylene99]

Soc, what if both parents agree, without any court involvement, to terminate CS for the child who will reach the age of majority based on GA law, will this agreement be honored by the court?  

The GA support office shows NCP in arrears because NCP made payments directly to CP when CP was moving and couldn't provide account # necessary to set up auto CS payment via GA support office (as stated on CS order).  Around that time, NCP had to go on sea deployment and was effectively unable to follow up on this account setup matter.  NCP has copies of all checks sent to CP with notation "for child support".  CP cashed all checks.  The GA support office has copies of cashed checks and added notes regarding these payments to NCP's support record. In reality, NCP overpaid CS to CP.

Questions for you:

1.) If NCP choose to register the CS order in FL and modify it to terminate support for the child reaching age of majority, what will become of these "arrears"?  

2.) Will NCP be ordered to pay these back even though there are clear evidences that CP was paid CS due on a monthly basis?

3.) What if CP doesn't dispute the fact that NCP is current with CS -- does that have any bearing in NCP's favor?  Does NCP need to get in writing that CP does not dispute the fact that NCP is current with all CS payments?

4.) What would you recommend is the best approach (least $$$, stress and headache involved) for NCP to correct "arrears" from GA support office when NCP's residence is in FL along with the minor kids?