Modifying a support order

[hmc8982]

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

If a custodial parent goes in to file for a modification of a child support order, do they notify the non-custodial parent right away? (assuming they know the location of the non-custodial parent of course) Do they notify them as soon as the custodial parent applies, even if it takes awhile to get a court date for the case to be heard or does the non custodial parent not find out for awhile?

 

[sandyclaus]

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

If a custodial parent goes in to file for a modification of a child support order, do they notify the non-custodial parent right away? (assuming they know the location of the non-custodial parent of course) Do they notify them as soon as the custodial parent applies, even if it takes awhile to get a court date for the case to be heard or does the non custodial parent not find out for awhile?

If they go in WHERE to file?

If this is going through the courts (which we would assume it is), then by law, the other party must receive notice of the pending action.

 

[hmc8982]

Yes, I'm sorry. Through the court.

How quickly are they usually notified, when the court has their info? I know in some cases they can't find the non custodial parent and it takes awhile.. But this would not be the case. Do they serve them or notify them as soon as the custodial parent goes in to request it?

 

[sandyclaus]

Yes, I'm sorry. Through the court.

How quickly are they usually notified, when the court has their info? I know in some cases they can't find the non custodial parent and it takes awhile.. But this would not be the case. Do they serve them or notify them as soon as the custodial parent goes in to request it?

The court is not responsible for notifying the parties. Your opposing party is the one who should be serving you with notice of a pending petition, after they have filed it with the court.

 

[Ohiogal]

Yes, I'm sorry. Through the court.

How quickly are they usually notified, when the court has their info? I know in some cases they can't find the non custodial parent and it takes awhile.. But this would not be the case. Do they serve them or notify them as soon as the custodial parent goes in to request it?

It is NOT the court's responsibility to locate the other party. It is the party's responsibility to locate and have the court serve the party. In other words, the custodial parent MUST locate the non-custodial parent and insure that the NCP is served. Why do you believe it is the COURT'S responsibility to do anything?

 

[hmc8982]

I'm sorry I'm probably just not wording it right. Whoever serves it, is it done as soon as the case is opened? Is it quick, are they suppose to do it right away as soon as they go in the the child support office and file for the modification? I know here, they have location services.. but I'm talking about a case where they know the non custodial parents information.. not one where they are hiding.

 

[TheGeekess]

The court is not responsible for notifying the parties. Your opposing party is the one who should be serving you with notice of a pending petition, after they have filed it with the court.

It is NOT the court's responsibility to locate the other party. It is the party's responsibility to locate and have the court serve the party. In other words, the custodial parent MUST locate the non-custodial parent and insure that the NCP is served. Why do you believe it is the COURT'S responsibility to do anything?

I'm sorry I'm probably just not wording it right. Whoever serves it, is it done as soon as the case is opened? Is it quick, are they suppose to do it right away as soon as they go in the the child support office and file for the modification? I know here, they have location services.. but I'm talking about a case where they know the non custodial parents information.. not one where they are hiding.

Alrighty then.

http://www.in.gov/dcs/support.htm

 

[mhp512]

I have looked online and can't find a clear answer. I wasnt' looking for any lengthy answer. Just, whoever is required to notify the non custodial parent.. how quickly are they suppose to notify or does the person find out that it has been filed? I saw on the website that they have to.. I'm just wondering how quickly it has to be done.. if it has to be done right away.. or right before the case is heard months from now?

 

[single317dad]

OP, are you going through the county child support/IV-D prosecutor? Some of the wording here leads me to that suspicion. If so, they will attempt service at the address you provide (and/or the address of record with the court) as soon as the case is opened. Be aware that many of those offices have a backlog of several months up to a year right now before filing a case.

 

[Zigner]

I have looked online and can't find a clear answer. I wasnt' looking for any lengthy answer. Just, whoever is required to notify the non custodial parent.. how quickly are they suppose to notify or does the person find out that it has been filed? I saw on the website that they have to.. I'm just wondering how quickly it has to be done.. if it has to be done right away.. or right before the case is heard months from now?

What a coincidence - you have the EXACT same question as the OP. Imagine that...


The answer is..."It Depends" because there is no hard & fast answer.

 

[mhp512]

That is just my wife's account. I used hers.. then I created my own account and posted. I should have said that.


Singledad- Yes it is through the child support prosecutor. I know it can take a long time to get a case or go to court about it, but do they notify the other parent as soon as it is opened or filed... obviously they know the information.. address and such so it's easy to find them.

 

[mhp512]

as soon as it is opened/filed.. regardless of when the court date is set?

 

[Zigner]

as soon as it is opened/filed.. regardless of when the court date is set?

Sorry to be "simplistic" - but you'll be served when you're served. It really is that basic.

 

[CJane]

In MY state, if you're going through the administrative order process (through Child Support Enforcement) rather than the courts... it can take a LONG TIME to have the other party served. For example, I put in an application for services almost a year ago. They STILL have not "created the proposed order" and will not serve the other party until they have.

 

[mhp512]

Okay.. I'm sure it can vary.. but I did read on the state website that once the petition is filed, the next step is to notify the non custodial parent, sometimes they will have the custodial parent serve them or give them the info and they will do it. I just want to know that we would know plenty of time before I guess.