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Does custody change affect child support?

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What is the name of your state? Missouri
In their divorce decree custody of my husband's son was awarded to his ex-wife, as well as child support, in South Carolina (Child support was ordered to be paid directly to the mother not through the court). The mother moved to Tennessee a few years later. Child protective services became involved and she lost all of her children to the state. The Tennessee Juvenile Court awarded custody to both my husband and myself (yes I am written into the court order to have custody as well). The mother was not granted visitation. However the Judge did not address child support either. Since the most recent court order did not address child support does that mean that there is no child support paid to either party, or would the origional order in the divorce decree to pay the mother still stand until there was another court order addressing child support? We do not want child support from the child's mother however we do not want to be responsible to pay her child support for a child she no longer has custody of. Any advice would be much appreciated. Thanks!!!
 


BelizeBreeze

Senior Member
Return to Tennessee and file for child support. If you really don't care about the amount then ask for the exact amount she is to receive or that the court Domesticate then rescind the previous order from NC.
 
We have lived in Missouri for the last 3 years, can we not file here (the mother now lives in Indiana)? There was a time frame when we did not know where the mother was therefore could not pay child support to her (as it was ordered to pay directly to her and not the court). Would it be possible for the Judge to award back child support from the time we were awarded custody (which would more than offset the arreage)? Another issue is that the mother is currently receiving disability. Couldn't we just offset the arreage with back support and waive any future support from the mother?

Another question is due to the fact that the court ordered support to be paid to the mother directly would she have to take us to court again to enforce that order and at which time we could request a change to affect back to when we recieved custody??? The reason I ask is that my husband and I don't want to start this whole mess again and tick her off so she tries to fight for visitation. She has not been involved in my step-son's life since we recieved custody and we don't want his life upset by another court battle.

Lots of questions I know. lol Thanks so much for any feedback anyone can provide!!!!
 

LdiJ

Senior Member
StepMommy79 said:
We have lived in Missouri for the last 3 years, can we not file here (the mother now lives in Indiana)? There was a time frame when we did not know where the mother was therefore could not pay child support to her (as it was ordered to pay directly to her and not the court). Would it be possible for the Judge to award back child support from the time we were awarded custody (which would more than offset the arreage)? Another issue is that the mother is currently receiving disability. Couldn't we just offset the arreage with back support and waive any future support from the mother?

Another question is due to the fact that the court ordered support to be paid to the mother directly would she have to take us to court again to enforce that order and at which time we could request a change to affect back to when we recieved custody??? The reason I ask is that my husband and I don't want to start this whole mess again and tick her off so she tries to fight for visitation. She has not been involved in my step-son's life since we recieved custody and we don't want his life upset by another court battle.

Lots of questions I know. lol Thanks so much for any feedback anyone can provide!!!!
Actually....your husband has a bit of an advantage here that people don't normally have. Since he was ordered to pay her directly, rather than through the state he doesn't have to worry about arrearages automatically piling up through a state agency.

If you and your husband don't feel that you need child support from her, I would personally recommend leaving it alone.

Her child support order technically remains in place unless its vacated by a judge....however since the state isn't involved she really can't easily enforce that order....and if she did attempt to do so you can easily demonstrate the custody change.
 

BelizeBreeze

Senior Member
StepMommy79 said:
We have lived in Missouri for the last 3 years, can we not file here (the mother now lives in Indiana)?
And why didn't you feel like mentioning this in your ORIGINAL post?
StepMommy79 said:
There was a time frame when we did not know where the mother was therefore could not pay child support to her (as it was ordered to pay directly to her and not the court).
Then hubby is in violation of the current order.
StepMommy79 said:
Would it be possible for the Judge to award back child support from the time we were awarded custody (which would more than offset the arreage)?
who knows? maybe maybe not? That depends on the judge and the specific circumstances.
StepMommy79 said:
Another issue is that the mother is currently receiving disability. Couldn't we just offset the arreage with back support and waive any future support from the mother?
[/quote
See above.
StepMommy79 said:
Another question is due to the fact that the court ordered support to be paid to the mother directly would she have to take us to court again to enforce that order and at which time we could request a change to affect back to when we recieved custody???
Yes, and she would win. As for when child support CAN be awarded to your husband, it's when a petition for support is filed. And, since you never filed one, the answer to the specific question you asked is No.
StepMommy79 said:
The reason I ask is that my husband and I don't want to start this whole mess again and tick her off so she tries to fight for visitation. She has not been involved in my step-son's life since we recieved custody and we don't want his life upset by another court battle.
so don't, but if he doesn't then he's in violation of the standing order each and every month that child support is NOT paid. And 10 years down the road when she get's her act together and thinks of it, she'll file for back support and most likely win. Now, you do the math. 10 years = 120 X current support. Got that much laying around?
StepMommy79 said:
Lots of questions I know. lol Thanks so much for any feedback anyone can provide!!!!
welcome
 

BelizeBreeze

Senior Member
LdiJ said:
Her child support order technically remains in place unless its vacated by a judge....however since the state isn't involved she really can't easily enforce that order....and if she did attempt to do so you can easily demonstrate the custody change.
And what the HELL does custody have to do with support? This answer is dangerously wrong and you should know better.
 

LdiJ

Senior Member
BelizeBreeze said:
And what the HELL does custody have to do with support? This answer is dangerously wrong and you should know better.
Do you think that I am not paying attention to the particular circumstances of this particular case?

Mom currently has no visitation/parenting time....with CPS involvement. Dad's CS was ordered to be paid directly to mom rather than through the state.

Yes, there are all kinds of scenarios where dad could still be required to pay CS even if dad has primary custody....but this scenario isn't one of them.....dad doesn't even have the problem of the state continuing to rack up arrearages despite the custody change.....because the state was never monitoring his child support.

Yes....dad should formally petition to vacate the CS order....but in his circumstances its not going to be a disaster if he doesn't.
 

BelizeBreeze

Senior Member
Oh JESUS H. CHRIST woman. No, if mom dies tomorrow it won't be a problem. Except that if she does die tomorrow and her parents, husband, other children or someone discovers that child support was supposed to be paid to her (and it matters not how) but was never paid then those payments, ALL OF THEM, become an asset of the estate and the estate can sue for their immediate payment.

The poster had better have proof that each and every payment was made and accepted by the mother from the moment it was order by the court and UNTIL the order was amended or ceased by another court.

And until that happens, what you are advocating is just plain stupid. "Ignore it and HOPE it will go away." :rolleyes:
 

LdiJ

Senior Member
BelizeBreeze said:
Oh JESUS H. CHRIST woman. No, if mom dies tomorrow it won't be a problem. Except that if she does die tomorrow and her parents, husband, other children or someone discovers that child support was supposed to be paid to her (and it matters not how) but was never paid then those payments, ALL OF THEM, become an asset of the estate and the estate can sue for their immediate payment.

The poster had better have proof that each and every payment was made and accepted by the mother from the moment it was order by the court and UNTIL the order was amended or ceased by another court.

And until that happens, what you are advocating is just plain stupid. "Ignore it and HOPE it will go away." :rolleyes:
Belize....I am a CP who has CS ordered to be paid directly...who hasn't recieved CS for several years. Despite the fact that I trust my ex implicitely...and that I know that I will eventually be repaid....I have still researched this one up one side and down the other....and have read case law out the wazzooo..in all 50 states....this one is different.
 
Thanks for the imput.

BELIZE BREEZE:
I DID say that I lived in Missouri. Perhaps if you looked closer at my post you would see that I answered the standard question asked in this forum "What is the name of your state? MISSOURI

I understand the court order is to pay child support to the mother, however would the mother not be in violation for not notifying us of her location so that payment could be made? She skipped town and we could not locate her for 3 years, when we did find her we paid her support consistantly, (not related to this post but when we found her we paid her $1200 that she shouldn't have recieved because she was hiding the fact that the child was in foster care). Even now we rarely know her location.

You also asked of the other poster what custody has to do with support. I would think it would mean a great deal as support is meant to be just that, financial support of the child. If the child does not reside with her and she has absolutely no visitation then it would only make sence that she would not have right to recieve support for a child she doesn't support. I do understand that we will need to have a new order to reflect that.

So bottom line is that until we get another order the existing order could be enforced if she chose. Thank you for answering my questions. Another quick question. Could she enforce a back order by going through a child support agency or would she have to file throught the court, I'm not sure how that even works since it wasn't ordered to go through the state?

However, I have seen several posts where custodial parents filed for back support prior to an order being issued. Wouldn't that be a reasonable and possibly easily granted in this situation?
 

Mbarr

Member
StepMommy79 said:
In their divorce decree custody of my husband's son was awarded to his ex-wife, as well as child support, in South Carolina (Child support was ordered to be paid directly to the mother not through the court). The mother moved to Tennessee . . . Tennessee Juvenile Court awarded custody to both my husband and myself . . . however the Judge did not address child support either . . .would the original order in the divorce decree to pay the mother still stand until there was another court order addressing child support?
Yes.

"SECTION 20-7-933. Authority of Family Court to enforce decrees, judgments, or orders regarding child support; authority to hold arrearages in abeyance. [SC ST SEC 20-7-933]

The family court has the authority to enforce the provisions of any decree, judgment, or order regarding child support of a court of this State, including cases with jurisdiction based on the revised Uniform Reciprocal Enforcement of Support Act, provided that personal jurisdiction has been properly established. This authority includes the right to modify any such decree, judgment, or order for child support as the court considers necessary upon a showing of changed circumstances. No such modification is effective as to any installment accruing prior to filing and service of the action for modification. Additionally, the family court has the right to hold any arrearage in child support in abeyance. "
____________________________________________________________

Note: Alabama has a similar provision, but in cases where custody has been with the cs obligor (even absent a court order) he/she can ask the Court for a credit upon proper proof of sums expended for the benefit of the child. May work in SC also.

BTW, don't know about other 49 states, but in Alabama if child support is ordered to be paid directly to cp, rather than through the Court or cs collections, if there is ever a dispute, the burden is on the obligor to prove payment.
 

BelizeBreeze

Senior Member
StepMommy79 said:
Thanks for the imput.

BELIZE BREEZE:
I DID say that I lived in Missouri. Perhaps if you looked closer at my post you would see that I answered the standard question asked in this forum "What is the name of your state? MISSOURI
And intelligent people would have informed us that this issue involves other states. You did not.
I understand the court order is to pay child support to the mother, however would the mother not be in violation for not notifying us of her location so that payment could be made? She skipped town and we could not locate her for 3 years, when we did find her we paid her support consistantly, (not related to this post but when we found her we paid her $1200 that she shouldn't have recieved because she was hiding the fact that the child was in foster care). Even now we rarely know her location.
While her not informing you of the change of residence is a factor that may mitigate your actions, it is not an excuse. If you can't show the court a bank account with the exact amount of monies owed to the mother then you'd better be ready with a check.
You also asked of the other poster what custody has to do with support. I would think it would mean a great deal as support is meant to be just that, financial support of the child. If the child does not reside with her and she has absolutely no visitation then it would only make sence that she would not have right to recieve support for a child she doesn't support. I do understand that we will need to have a new order to reflect that.
WRONG! Custody and support are two separate and distince issues. Or do you think the court just loves to kill trees so they divide them into two separate orders just for the hell of it?

Until such time as you get the support either dismissed or changed you are still liable for each and every month.
So bottom line is that until we get another order the existing order could be enforced if she chose.
I think you've finally gotten it.
Thank you for answering my questions. Another quick question. Could she enforce a back order by going through a child support agency or would she have to file throught the court, I'm not sure how that even works since it wasn't ordered to go through the state?
Either or. The point is, you have a current support order. If she files for state aid, then the first question is going to be "do you receive any other income" and you already know what her answer is going to be.
However, I have seen several posts where custodial parents filed for back support prior to an order being issued. Wouldn't that be a reasonable and possibly easily granted in this situation?
You can't file for back child support that you are not owed. Back child support is allowed from the time the petition is FILED, not some arbitrary date of your choosing.

So, either do as ldij suggested and take your chances, or do it right and file now before the mother slaps you with thousand's in back (legitimate) support.
 
Thank you all for answering my questions. I appreciate it.

BelizeBreeze
I don't understand why you feel the need to be so arrogent and rude in your responses. An INTELLIGENT person would not need to be redundant in their post by stating our state twice. The question as to which state you are in is there for a reason. I did post the states which were applicable which also included our current state.

As I said I UNDERSTAND that we need to get a new order. Child support and custody are sepparate issues and are enforced separately. But custody and where the child resides and who is financially providing for the child does have a large role to play in deciding who is obligated to pay support.

I do value the advice given on this forum very much. However, there is no reason to address someone so rudely,especially when they have never treated you in such a way. Thank you for the advice none the less.
 

BelizeBreeze

Senior Member
StepMommy79 said:
Thank you all for answering my questions. I appreciate it.

BelizeBreeze
I don't understand why you feel the need to be so arrogent and rude in your responses. An INTELLIGENT person would not need to be redundant in their post by stating our state twice. The question as to which state you are in is there for a reason. I did post the states which were applicable which also included our current state.

As I said I UNDERSTAND that we need to get a new order. Child support and custody are sepparate issues and are enforced separately. But custody and where the child resides and who is financially providing for the child does have a large role to play in deciding who is obligated to pay support.

I do value the advice given on this forum very much. However, there is no reason to address someone so rudely,especially when they have never treated you in such a way. Thank you for the advice none the less.
I get rude when you waste time and effort. If you had said that the original order was issued in a state other than the two represented in your original post it would have made a difference immediately.

But you failed to think this was important. YOu wasted my time and the time of everyone who replied to you. It is not OUR responsibility to know these things.

next time, think before posting and ask yourself "Is this important?" I would think even someone who things everyone else is wrong would get the fact that yes, it's important to tell us that the order was issued in state number three...
 

stealth2

Under the Radar Member
However, you never stated (until the later post) that Mom no longer resides in the state that granted Dad custody.

And I have to agree that simply not paying the ordered support is a dangerous game, contrary to LDi's insistence that it shouldn't be a problem. It could come back to bite Dad very badly.
 

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