Custody change and support modification

[Singlefather36]

What is the name of your state (only U.S. law)? Indiana

 

[Singlefather36]

Sorry my question didn't post, here it is...

How is child support adjusted if the custodial parents rights are terminated and custody is given to the non custodial parent? Also can credit be given toward arrearages if the non custodial parent gains full custody and the other parents rights are terminated? For instance, can I receive child care credit towards my arrears since I have now had sole custody of my son for almost seven years?

 

[Zigner]

How is child support adjusted if the custodial parents rights are terminated and custody is given to the non custodial parent?

By the court that issued the order. Somebody would have to file a motion...

Also can credit be given toward arrearages if the non custodial parent gains full custody and the other parents rights are terminated? For instance, can I receive child care credit towards my arrears since I have now had sole custody of my son for almost seven years?

This would also need to be done through the court that issued the order. You can request it at the same time.

 

[Ohiogal]

How is child support adjusted if the custodial parents rights are terminated and custody is given to the non custodial parent? Also can credit be given toward arrearages if the non custodial parent gains full custody and the other parents rights are terminated? For instance, can I receive child care credit towards my arrears since I have now had sole custody of my son for almost seven years?

If rights are terminated, no child support is due. Simple as that. Because they are no longer a parent. So nope. YOu are getting nothing if the other parent's rights are terminated and you didn't have a child support order to collect for which they were in arrears.

 

[LdiJ]

If rights are terminated, no child support is due. Simple as that. Because they are no longer a parent. So nope. YOu are getting nothing if the other parent's rights are terminated and you didn't have a child support order to collect for which they were in arrears.

I agree with this but will add that if its a situation where the parental rights are not actually terminated, and child support is ordered to be paid to the new custodial parent, if that parent (former ncp) owed arrearages its quite possible that the new child support order would be deducted from those arrearages until those arrearages were used up.

So...lets say that mom and dad were never married and there was a child support order for dad to pay 500.00 a month. Dad did not pay for 5 years and had arrearages of 30,000. Then mom loses her mind and turns into the parent from heck and CPS yanks the children from her, and places them with dad. Mom never gets her act together, dad files for custody and child support which means that CPS backs off and mom's rights are never terminated, even if she doesn't have visitation. Mom is ordered to pay 500.00 a month in child support. If mom is smart she will ask the court to order that the 500.00 a month that she is supposed to pay to dad be deducted from the 30k that dad owes her...and in many cases the court would grant that motion.

 

[Ohiogal]

I agree with this but will add that if its a situation where the parental rights are not actually terminated, and child support is ordered to be paid to the new custodial parent, if that parent (former ncp) owed arrearages its quite possible that the new child support order would be deducted from those arrearages until those arrearages were used up.

So...lets say that mom and dad were never married and there was a child support order for dad to pay 500.00 a month. Dad did not pay for 5 years and had arrearages of 30,000. Then mom loses her mind and turns into the parent from heck and CPS yanks the children from her, and places them with dad. Mom never gets her act together, dad files for custody and child support which means that CPS backs off and mom's rights are never terminated, even if she doesn't have visitation. Mom is ordered to pay 500.00 a month in child support. If mom is smart she will ask the court to order that the 500.00 a month that she is supposed to pay to dad be deducted from the 30k that dad owes her...and in many cases the court would grant that motion.

Agreed but OP says that the former custodial parent's rights were terminated. Which is the only reason I answered the way I did. I wish people would learn the actual terms.