The order is in effect the day the judge signs it. Once Support Enforcement receives a signed copy of the order, it only takes a week or two. Just stay on your case worker to make sure they make it happen. * It depends upon what sort of case load the judge might have to deal with. Unless the order was rescinded or addressed during the change of custody hearing then it will not necessarily be granted automatically. Child enforcement and family service divisions are badly overloaded and understaffed in every state. It is the responsibility of the petitioner or the person's counsel to make certain all changes of support and other issues are correctly adjudicated.
Fathers are frequently ordered to do so there, despite having primary custody. see link below
He may be. It will be determined by a court if he decides to take it up with the state. If you have custody, was there a stipulation regarding child support? If there was a divorce agreement it may state the stipulations regarding support and custody. If the custodial parent is giving up physical custody of the child to the previously non-custodial parent then child support may be changed.
If you have primary physical custody you are entitled to support. How much support is figured in a formula based on how much money each of you makes and how many days (or overnights) each of you has time with the child. Depending on the state, if the child stays with the other parent over a certain set amount of time, then that parent is responsible to pay less child support. Most states are trying to push joint physical custody where the child spends 1/2 to 2/3 of the time with the primary caretaker and the rest with the other parent.
File for a change of custody. File for stopping child support. Contact the local agency to whom you actually pay the child support.**Additional Answer**The way the US child support system works is, in a nutshell...A Court/Judge 'ordered' the support to commence, for a certain amount/time, when things were first established with the support agency. That particular Court/Judge is the proper place/ones to contact to get the court's 'Support Order' changed or to cancel it. A Judge will have to 'order' the support be changed or terminated.
If the question of paternity is raised concerning a child support issue. The court will order a paternity test taken (usually DNA). The person disputing the child support order has the right to request the court to allow this action.
Fathers are frequently ordered to do so there, despite having primary custody. see link below
Yes, as long as the legal custody schedule is changed, child support can also be adjusted.
Child support is determined according to state guidelines and physical custody is one of the factors used to determine the amount.
You should take this matter back to court immediately to modify your current agreement. Ensure that you are prepared to show proof that the custody arrangement has changed, and that support has been paid to the custodial parent (on paper) although circumstances have changed. Request that the backdated support be paid in addition to child support going forward
You will need to take this up with the courts to get the original custody order changed.
no
Not if she was abusive
It would be based upon which parent has primary physical custody.
yes..
Generally no, though there is a presumption of primary residential custody for the obligee parent. In states like California, the amount of time the obligor parent has the child affects the amount of child support ordered.ClarificationChild support orders and custody orders are separate. Generally, the parent who pays child support pays it to the custodial parent.
He may be. It will be determined by a court if he decides to take it up with the state. If you have custody, was there a stipulation regarding child support? If there was a divorce agreement it may state the stipulations regarding support and custody. If the custodial parent is giving up physical custody of the child to the previously non-custodial parent then child support may be changed.
Yes, until/unless the courts grant primary legal custody and terminate support.