I am not certain about this but look at this scenario…my best friend’s husband is getting the child support that should have been given to his mother to support him 15 years ago. His father owed 10 years of back child support. The check goes to his mother who now gives it to him since he is over 30 it’s obvious that she doesn’t need the money to support him. I’m thinking that there are so many situations that are like this, that are sort of gray areas, that the CSEA wants to make sure that they have all the paperwork in order even if it is duplicate and not necessary. They probably need an order specific for child support since they do not deal with the custody side of it.
If you have an attorney then he/she could have the judge sign that without issue since the judge already signed a current order. If the judge wants to know why he/she is signing this it can then be said that the CSEA required it before your child support could cease. If this is brought to enough judge’s attention it may be that something could change.
Maybe an attorney will respond with a more specific response.
OMG I had to get a pen and paper out to chart it to understand…but thanks anyways [:D]
You will need to file a motion to modify child support based on the change in the custodial schedule. You will then need to set it for hearing. The court will refigure child support based on the new guidelines. You should file the motion as soon as possible, because every month you wait you owe your spouse the old amount of child support. Child support cannot be modified retroactively. I would also provide CSEA with a copy of the Order that has already been signed by the Judge.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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Charlotte, NC 28262
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
Well after 14 years I have finally won custody of my Son. The change over is this Saturday on the 23rd. Well I called the CSEA and they stated they need a sseperate motion to stop the support evan through the judge signed in the current order that all my support was to cease.
They stated that they don’t care and need a seperate motion. Why do they make this so hard and difficult? Why can’t they take the current motion and just apply it?
This is not the easist thing for me, I live in Ohio and have to try and do all of this while I am at work and long distance over the phone.