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Third party filed for child support when there's already an open order

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RDinMD

Junior Member
What is the name of your state (only U.S. law)? Maryland

If a third party (grandparent or guardian) files for child support for a child against the father (filed through the county's Child Support Office),
and there is a current support order for the same child being paid to the mother, will the judge dismiss the case at the court date or can the
father petition to have the case dismissed?

The current support order being paid to the mother has been in effect for three years, paid via wage garnishment, current and never late.
Apparently the child is now staying with the grandparents, and they want support paid to them instead of mom.

Father is not against the grandparents being paid, but doesn't want to be paying both the mother and the grandmother via two court orders.
 


CSO286

Senior Member
What is the name of your state (only U.S. law)? Maryland

If a third party (grandparent or guardian) files for child support for a child against the father (filed through the county's Child Support Office),
and there is a current support order for the same child being paid to the mother, will the judge dismiss the case at the court date or can the
father petition to have the case dismissed?

The current support order being paid to the mother has been in effect for three years, paid via wage garnishment, current and never late.
Apparently the child is now staying with the grandparents, and they want support paid to them instead of mom.

Father is not against the grandparents being paid, but doesn't want to be paying both the mother and the grandmother via two court orders.
Is there a redirect clause in the order?
 

RDinMD

Junior Member
CSO286 - not that I know of. I'm looking at the original order
and nothing is noted about redirecting. My lawyer who represented me,
drew up a consent order, since it was pretty cut and dry how much I'd owe, etc.

Orders the amount to be paid and when it began. Then says continues until "time as
the child dies, marries, is emancipated, reaches the age of 18 years or if the child attains the age of
eighteen years and is enrolled in secondary school, until the child graduates from or is no longer
enrolled in secondary school or attains the age of 19, whichever event occurs first"

also orders payments made to MD Child Support Account

also immediate and continuing withholding order

also calls for health insurance if it's at a reasonable cost (which it wasn't - it's more than 5% of my salary,
and it was petitioned after this court date to have the requirement dropped, which it was and I have the letter
from DSS. I still have same employer and it's even more now.)

then "ordered" that this case is "deemed resolved for statistical purposes".

Nothing about redirect.

I also called a DSS case worker about this - after being bumped around a few times, I was told there's no way I can be ordered to pay two separate support
orders for the same child, but not to ask the original order be terminated. When I asked what would happen if this new case goes to trial with the current
order in effect, I was told "we don't know". I called back and spoke to someone else, who told me it would be dismissed since there is already an order
and that I need to ask for the original order to be modified, however I can't do that until this case is dismissed. I'm getting different answers from the
same office, so I appreciate any suggestions. Please note: not trying to get out of paying support at all. It just needs to be paid to one person and I am
trying to protect myself from paying two for the same child.
 

stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? Maryland

If a third party (grandparent or guardian) files for child support for a child against the father (filed through the county's Child Support Office),
and there is a current support order for the same child being paid to the mother, will the judge dismiss the case at the court date or can the
father petition to have the case dismissed?

The current support order being paid to the mother has been in effect for three years, paid via wage garnishment, current and never late.
Apparently the child is now staying with the grandparents, and they want support paid to them instead of mom.

Father is not against the grandparents being paid, but doesn't want to be paying both the mother and the grandmother via two court orders.
How is it that the father isn't aware of this for sure? Why has Dad not filed prior to this action to have the support he pays redirected to the grandparents?
 

LdiJ

Senior Member
CSO286 - not that I know of. I'm looking at the original order
and nothing is noted about redirecting. My lawyer who represented me,
drew up a consent order, since it was pretty cut and dry how much I'd owe, etc.

Orders the amount to be paid and when it began. Then says continues until "time as
the child dies, marries, is emancipated, reaches the age of 18 years or if the child attains the age of
eighteen years and is enrolled in secondary school, until the child graduates from or is no longer
enrolled in secondary school or attains the age of 19, whichever event occurs first"

also orders payments made to MD Child Support Account

also immediate and continuing withholding order

also calls for health insurance if it's at a reasonable cost (which it wasn't - it's more than 5% of my salary,
and it was petitioned after this court date to have the requirement dropped, which it was and I have the letter
from DSS. I still have same employer and it's even more now.)

then "ordered" that this case is "deemed resolved for statistical purposes".

Nothing about redirect.

I also called a DSS case worker about this - after being bumped around a few times, I was told there's no way I can be ordered to pay two separate support
orders for the same child, but not to ask the original order be terminated. When I asked what would happen if this new case goes to trial with the current
order in effect, I was told "we don't know". I called back and spoke to someone else, who told me it would be dismissed since there is already an order
and that I need to ask for the original order to be modified, however I can't do that until this case is dismissed. I'm getting different answers from the
same office, so I appreciate any suggestions. Please note: not trying to get out of paying support at all. It just needs to be paid to one person and I am
trying to protect myself from paying two for the same child.
What I have seen happen in cases like this is that support is awarded to the third party petitioner, but the order for the mother is then vacated. You could respond to the grandmother's petition by agreeing that she should receive child support and asking that the child support order for the mother be vacated.
 

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