Motion to Move CS

[topsidder]

What is the name of your state? Do Not Know

Q: What benefit would a BM have if her attorney motioned the court to have CSE close it's case? In other words, if NCP is paying CS thru the Department, why would BM hire an attorney and motion the courts to have CSE "close" the case and NCP to pay support into a "special account set-up by BM"

I see not benefit here for the BM (better chance of collecting if CSE is involved) and all benefit to the NCP (state is off his back)

Can anyone offer legal advice on this tactical move on BM's part?

 

[cascole]

I did this some time ago. CS paid through the state is often very delayed in getting to the CP. It was much quicker to have the CS paid directly. The option is always there to reopen with the state CS agency if needed.

 

[Smarty Panties]

I have a cynical view on this, simply because my husbands ex pulled this off for years. One of the benefits to BM *could* be to *hide* that income for the purpose of collecting food stamps, section 8 housing, medicaid, free school lunches, discounts on daycare etc etc etc. If she has an open court order for child support then she has to claim that income when applying for all those benefits. If she closes the case and has no order for support....you get the drift.

 

[Gracie3787]

I have a cynical view on this, simply because my husbands ex pulled this off for years. One of the benefits to BM *could* be to *hide* that income for the purpose of collecting food stamps, section 8 housing, medicaid, free school lunches, discounts on daycare etc etc etc. If she has an open court order for child support then she has to claim that income when applying for all those benefits. If she closes the case and has no order for support....you get the drift.

I don't think your view is cynical at all. My husband's ex also pulled this off for three years with public housing (she earns too much for FS, etc, but as a police officer she was given special priority for an apt.). However, there was a court order for support and arrears from 3 fathers, sooo, somebody simply sent the housing authority the publically available court orders, and voila- ex was evicted and now has to pay restitution. What goes around, comes around.
So, it is not cynical to suggest that BM might (and i stress MIGHT) have some shady reason for closing case.