What Happens To Child Support If There Is A Temporary Court Ordered Custody Change
It seems likely that my husband is about to get a temporary order giving him full custody of his daughter until the guardian makes a final recommendation. Right now he is paying the mother child support. If he is the primary custodian for the months that the GAL is investigating then will he still have to pay child support to the mother? Will it be cancelled or suspended? Or will he still have to pay it, but child support will hold it in escrow until custody is made permanent?
Related posts:
- How Do I Cancel Child Support On A Child Who Is Emancipated?
- How Does Child Support Work When The Father Is Deployed To Iraq?
- What Happens To Child Support When One Or More Children Move In With The Other Parent?
- How Do I Collect Child Support From My Son’s Unemployed Father?
- How Do I Keep My Wife From Knowing I Pay Child Support?
Comments
Comment from Beth
Time September 22, 2010 at 10:32 pm
He’ll still have to pay it until there is a judgment to override the writ in his divorce. Then he will be reimbursed if he wins full custody.
Comment from ouragon
Time September 22, 2010 at 10:40 pm
As soon as the custody is permanently changed, child support will be as well. It won’t be changed sooner in order to allow the mom to continue to provide the child a place to come back to if custody doesn’t change.
There may be a lot you know that you aren’t mentioning, but you make this sound like it’s primarily a financial matter to you. Sad.
Comment from Liam
Time September 23, 2010 at 4:40 am
No such thing as child support escrow. If he is getting custody of his daughter he will have to ask the court to suspend child support…Yes it is common sense that the child support would stop since custody has changed…but sometimes the court does not have common sense.
Comment from charitybarnes@rocketmail.com
Time September 24, 2010 at 2:56 am
Child Support is granted to the custodial parent but the payments of child support needs to go through the courts and will no change until the order is amended.
Comment from NeighborLady
Time September 26, 2010 at 5:40 pm
The child support arrangements stay the same throughout the whole process. It will not be cancelled or suspended automatically. They won’t hold it in escrow. He will have to wait until he has custody, then contact CS on his own to terminate his account. The will send his request to legal, who will then kick it to financial, who will calculate an end date based on the date of the change of custody. There is a processing charge – several hundred dollars – that will come out of the payments he has made.
Comment from George McCasland
Time September 27, 2010 at 11:58 pm
He needs to contact Child Support Enforcement, with a certified copy of the order, and request a modification of the support order. This service is free.
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Comment from Mandy Copeland
Time September 29, 2010 at 5:36 pm
unless the state who orders the support canceled the order he still may have to pay(I dont agree with it either) the only way to get around this is to have the tempoary custody order/judgement signed by the judge specificly state that child support is not to be paid by the father at this time and if he is rquesting child support from her the judge may or may not grant that. dont make the mistake me and my husband did with his kid and not make child support written becuase he has his kids now and still is ordered to pay child support unti the final custody trail is done and over with. Best wishes
Comment from nora
Time September 21, 2010 at 11:48 pm
ask the child support office they will know. i wouldn’t have him stop paying until he finds out so he doesn’t get in trouble