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Stopping support after you're given custody

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goinwiththeflow

Junior Member
What is the name of your state? Missouri

I was recently given temporary sole legal & physical custody of my child. My ex allowed my child to be abused while in her care, so a judge awarded me temporary custody. My ex only has supervised visitation.

I am planning on filing for a modification of permanent custody & have already retained an attorney. However, I'm wanting to get the child support stopped. My lawyer tried speaking with Child Support Enforcement and they wouldn't give her any information.

I have sent a copy of the judge's order to them, as per their request. I have been told it may take a month or more to get the payments stopped. My questions are:

1. Will they backdate the order? I've had custody since the beginning of December & they still haven't processed the paperwork. I have another payment due January 18, and I paid for December too.

2. How do I get the overpayment back? Will it automatically be given to me, or will my ex owe me? Or will I get any payments back at all?

It's really hard on me financially to have my child with me full time, but still be paying support to my ex. I really hope I don't have to wait until we file for permanent custody before the support payments stop.
 


mistoffolees

Senior Member
What is the name of your state? Missouri

I was recently given temporary sole legal & physical custody of my child. My ex allowed my child to be abused while in her care, so a judge awarded me temporary custody. My ex only has supervised visitation.

I am planning on filing for a modification of permanent custody & have already retained an attorney. However, I'm wanting to get the child support stopped. My lawyer tried speaking with Child Support Enforcement and they wouldn't give her any information.

I have sent a copy of the judge's order to them, as per their request. I have been told it may take a month or more to get the payments stopped. My questions are:

1. Will they backdate the order? I've had custody since the beginning of December & they still haven't processed the paperwork. I have another payment due January 18, and I paid for December too.

2. How do I get the overpayment back? Will it automatically be given to me, or will my ex owe me? Or will I get any payments back at all?

It's really hard on me financially to have my child with me full time, but still be paying support to my ex. I really hope I don't have to wait until we file for permanent custody before the support payments stop.
The new order will typically be backdated to the date you applied.

Getting the money back may be a challenge. You may have to file for contempt. Also, make sure that you ask for CS from the other parent after you obtain custody.
 

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