no .......Actually this person may be incorrect. Are you asking if you already pay through the courts computer system if she can have the child support enforced even if you are paying...the answer is yes. The DHR worker will simply notify the payment center that your payments are to be recorded on the DHR system and not on the court system. It is really a simple process. It does not matter if you are behind or not. But if you are, she has the right to open up a case for enforcement to collect child support arrears, which in Alabama accures a 12% per year on all back child support. The key is to keep good receipts or you can really get messed over.
If you are asking if she can get a second order for child support thorugh dhr when one already exists...the answer is no....DHR just enforces the order of the courts. If no order ever esixted, then anyone who has physical custody of the child can open a case with DHR and DHR will start the proceedings to get a child support order. If the person already has a court order but does not like the terms of the order or wants to make changes in an order, DHR will do that service provided it meets certain court criteria. 1) It must be a 10% change in Rule 32 B guidelines. If you pay $200.00 per month in support, the difference in support in the guidelines must be up or down by $20.00. 2) There must be a material change in such as loss of income due to no fault of your own, change in custody, etc. which is evaluated on a case by case basis. Keep in mind that each county has its own way of enforcing the law and can be at the judges discretion of thathe will or will not do. We would hope that the judges would be consistent across the state, but sometimes there are discretions, right or wrong. If you want to know more, you can go to your state DHR website and click under child support and they can give you all the information you want. The policy handbook is to the public if you know where to look. I do child support on a daily basis and it is my experience that child support is not taught in law school like it should be....and lawyers get very little training in the area. Child workers are constantly being trained and are being treated like lawyers without the law degree. Do the research. States when it comes to child support must abide by federal regulations passed through the states laws.
Child support is a separate issue.
If the divorce decree addresses child support and is issued after the child support order then it replaces the child support order. If the child support order was issued or amended after the divorce decree then you abide by the most recent order with regard to child support.
You need to review your child support order and separation agreement that accompanied your divorce to determine what your obligations are.You need to review your child support order and separation agreement that accompanied your divorce to determine what your obligations are.You need to review your child support order and separation agreement that accompanied your divorce to determine what your obligations are.You need to review your child support order and separation agreement that accompanied your divorce to determine what your obligations are.
No. It has no effect on the court order between the two of you.
A divorce does not effect child support. Also, usually child support stops when the child turns 18.
the state that approved it. or whichever state you signed the papers at.
If the divorce paperwork states that child support ends when or if the person receiving support remarries, then, yes, the support will end as the court has ordered. If you are the payer of the support, you shouldn't even have to go to court to get this enforced. Since it's already written in the divorce order, a simple call to child support services, or whoever handles child support in your state, should get it handled. If you are the receiver of the support, the support will end as previously ordered by the divorce court, and agreed to by you, unless you hire a lawyer and take the other person back to court to get the order adjusted. Remember that the court has already ordered how this situation was to be handled, so it will not adjust a single thing unless you can show some especially compelling reason for the change. If the child has a serious illness or become disabled since the divorce would be a decent reason, but even that may not be enough.
Some states allow a "legal separation" instead of or before a divorce, which could include alimony and/or child support. In all states, I believe, you can file for divorce and ask for temporary child support and/or alimony pending the divorce. Check with a lawyer in your state.
Certainly. The check goes through the child support division of the state where you obtained your divorce and is mailed to you wherever you are. Gets a little tricky if the person doesn't pay--long distance calls and such.
absolutely
Yes
Child support should be included in the petition/motion for divorce. Many divorcing couples submit a financial or property settlement to the court, which includes child support.