You have to obey the orders of the court until they are modified after an appropriate motion has been filed with the court and approved by the judge. The court will generally act independently and it is up to the noncustodial parent to seek a termination or suspension of the child support and seek custody of the children.
Yes, unless the non-custodial parent gets custody. In that case the non-custodial parent must file a motion to terminate the child support order. The child support should be paid to whoever has custody of the child. If it's not the non-custodial parent then the child support order should be modified to reflect the party that should receive the child support payments. You have to pay for your child so you have to pay to the one who has custody while the other parent is in prison. If the state has custody you will pay the state.
No. Only the court can enter an order of temporary custody. With the non-custodial parent incarcerated and with the consent of the custodial parent the court would likely approve a temporary guardianship that is in the best interest of the child.
Most likely, no. But the custodial parent could (possibly) get a court order for them to pay it. Most people would just be satisfied to have the payments resume and not request back payments.
the noncustodial parent, or sometimes if there are other issues involved, you may be able to assign temporary custody to another relative. In either case, you should consult a family law attorney to avoid the kids being placed in foster care.
The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.The non-custodial parent should petition the court immediately to change the custody order.
Yes until the order is modified to route the money to whoever has the child. Contact child support enforcement. see links below
If the parent is in prison the child is no longer considered to be in above said's custody. Unless it was an overlook by the state, the incarcerated parent should receive no benefits for the child, as those benefits are marked for use by the person or institution with physical and legal custody of the child or children.
File a motion to modify. In 2000, Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement ruled that support cannot accrue while in prison.
In the legal context whenever an order of support exist the non custodial parent is responsible for the amount cited regardless of the circumstances that occur during the time the order is valid. Arrearages for support are still valid and collectible evenwhen the "child" has reached the legal age of majority. In other words, if the non custodial parent owed X amount of dollars before the child reached the legal age he or she still owes that amount. What action might be taken to collect depends upon how the child support was to be paid. Whether directly to the custodial parent or through the state's child support enforcement agency.
It's quite possible, the time frame depends upon the state SOL pertaining to child support. The custodial parent can file in the state where the order was granted or in the state where the non-custodial parent resides. The petitioner should choose the state with the longest Statute of Limitation's when filing the claim.
The state will not pay child support. The state may grant TANF and/or medical assistance to the child/custodial parent if they are indigent. If so, or at the CP's request, the state will attempt to collect the past-due support.