Ask Me Help Desk - Child support

Please help me give me an advise, I went to court 1/22/08 at the court they said tha t I didn't have to pay child support anymore because I have full custody of my daughter now but now it shows that they didn't stop the child support I know that I listen rigth and the papers doesn't say anything about I don't know what to do child support is going to garnish my payment they say the only way is going back to court and modify it but what do I do I have my daughter and now I have to pay child support and they said is going to take from 3 to 6 months. Is there any faster way to do it.

The same thing just happened to one of my friends... he was paying the government instead of the mother.. and than when she was off welfare he had to start paying her... but they kept garnashing his checks for about 4 more months... but they sent him a check last week for all the $ he over paid... I don't know how to make it faster but you should gety your money back

Yep, I paid child support for 6 months that I had custody of my sons before I finally got it stopped.

Your attorney can try and get an emergany temp order signed to stop it, pending a formal hearng ( assuming your state allow this, and the judge will agree)

Quote:

Originally Posted by nena101898

please help me give me an advise, I went to court 1/22/08 at the court they said tha t I didn't have to pay child support anymore because I have full custody of my daughter now but now it shows that they didn't stop the child support I know that I listen rigth and the papers doesn't say anything about I don't know what to do child support is going to garnish my payment they say the only way is going back to court and modify it but what do I do I have my daughter and now I have to pay child support and they said is going to take from 3 to 6 months. Is there any faster way to do it.

The order that support be stopped should be part of the Court transcript - you can go back to Court and speak to the Clerk, tell him/her your concern. If it is an error the Judge will correct it without any need for an additional hearing.

It sounds like that part of the hearing simply isn't included in the Order.

If you misunderstood then you will need another hearing.

I know I didn't misunderstood what the judge said, because my ex- told my daughter that he wasn't going to received more child support but he went to the child support and find out that it wasn't terminated he is really happy and he said he doesn't care if I don't have money to pay the child care , court made a mistake and is not his problem. So I was wondering is there anyway that I find out if the court has a full report besides the minute order . Because I know they terminated since 12/05/07 and I don't understand why the DA is not doing anything what was the propose of him being there if he wrote everything down.
PLEASE GIVE ME AND ADVISE
THANK YOU

Please don't keep starting new threads. I've merged the last tow threads into one. Please reply to this thread for follow-up.

Do you have an attorney? If not you need one to protect your rights. You shouldn't be going by what they "told" you. You need to get it all in writing. If they told you that you wouldn't have to pay support, then they should provide you with court documents stopping the support.

Quote:

Originally Posted by nena101898

I know I didn't misunderstood what the judge said, because my ex- told my daughter that he wasn't going to received more child support but he went to the child support and find out that it wasn't terminated he is really happy and he said he doesn't care if i don't have money to pay the child care , court made a mistake and is not his problem. So I was wondering is there anyway that I find out if the court has a full report besides the minute order . Because I know they terminated since 12/05/07 and I don't understand why the DA is not doing anything what was the propose of him being there if he wrote everything down.
PLEASE GIVE ME AND ADVISE
THANK YOU

Okay, let me address this again.

Let me start by saying I have no idea why the DA would be involved in this in the first place as it is not a criminal proceeding and I don't see any fraud. I have no idea what the purpose of the DA being there was; they don't write Orders; they don't record the proceeding; they don't prepare transcripts.

You have already received good advice on this Board - The fact that your X told your daughter that he wasn't going to receive any more child support is immaterial. Everybody's X says a lot of things, most of them untrue and none of them legally binding. If you are correct and support was stopped are you sure the written Order doesn't address child support and the Child Support unit simply doesn't have a copy? At any rate it takes some time for the withholding of support to terminate.

If the Order is not correct you have to find out what the Judge ordered from the bench by having someone review the Court transcript and then comparing that to the written Order.

I don't know what you mean by the "minute order." If there was a Hearing the Court Reporter (probably not the Court) has the transcript or will prepare the transcript, the Court Clerk will compare it to the written Order and then you will see what the Judge said, what was ordered. I don't recall - did you have an Attorney? If so this is the Attorney's "job."

I would also pay less attention to what your X says in general -

In some places and I know used to be in California that child support was handled through the DA's office so it can be enforced. They are the ones that write orders " outside " the court. Im guessing NY is different and not sure where she is from so it may be handled through the DA's office. FYI

Quote:

Originally Posted by califdadof3

In some places and I know used to be in California that child support was handled through the DA's office so it can be enforced. They are the ones that write orders " outside " the court. Im guessing NY is different and not sure where she is from so it may be handled through the DA's office. FYI

Apparently you know something I don't know - so, yes, I was wrong about the DA. Didn't know there was a jurisdiction where the DA can write enforceable Orders.

In my area the DA prosecutes crimes and does nothing else and I thought that was "universal."

JudyKeyTee: I wish it were universal when it comes to court but if it were then we wouldn't have this board. Your not wrong because where you are that's how it goes. Seems strange but true that cases are handled so differently in so many places. Some are through " civil " court.. others have a family court established and others still who knows.
Have a great day : )