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-   -   When does child support begin in interstate cases (https://www.askmehelpdesk.com/showthread.php?t=536641)

  • Dec 21, 2010, 10:40 AM
    Needsupport52
    When does child support begin in interstate cases
    I opened my child support case in Maryland in March 2009. I was finally able to track down the non-custodian parent in Virginia in May 2010. Maryland sent the case to Virginia and Virginia was able to serve N/C parent and court ordered support but said that the support would start when Virginia got the case. Can I file a motion/petition for the Virginia court to honor the date I opened my case in Maryland at my hearing scheduled in March 2011?
  • Dec 21, 2010, 12:47 PM
    this8384
    Quote:

    Originally Posted by Needsupport52 View Post
    I opened my child support case in Maryland in March 2009. I was finally able to track down the non-custodian parent in Virginia in May 2010. Maryland sent the case to Virginia and Virginia was able to serve N/C parent and court ordered support but said that the support would start when Virginia got the case. Can I file a motion/petition for the Virginia court to honor the date I opened my case in Maryland at my hearing scheduled in March 2011?

    Are you asking if you can receive backdated child support to March 2009? My first instinct would be - probably not. The non-custodial parent was not aware of the support action until 2010; you're asking for over a year of back-dated child support for something that s/he was completely unaware of.

    I could be wrong, so I'm going to ask an expert to take a peek at this thread and give his opinion on it. He's very good at quoting state-specific laws.
  • Dec 21, 2010, 01:19 PM
    Needsupport52
    I hope this will help:

    The non-custodian parent knew of the child's existence since I was 8-weeks pregnant. He was advised that I would be seeking support during the pregnancy and has actively avoided contact so not to get served. He then went overseas. I am a Maryland resident and that is where the child resides with me. It literally took me a year to finally track him down to serve him with my Maryland Custody Petition. He had no idea that I was able to locate a residence in Virginia where he was living when he came back into the country. Maryland Child Support Enforcement Agency was advised of new address and then notified Virginia CSEA who had the sheriff serve him in May 2010. Virginia courts proved paternity and awarded support for the child. He has since left the country again but the final hearing is scheduled next year. He has not made any payments as of yet. The Maryland courts has awarded me full and legal custody.
  • Dec 21, 2010, 01:33 PM
    this8384
    Quote:

    Originally Posted by Needsupport52 View Post
    I hope this will help:

    The non-custodian parent knew of the child's existence since I was 8-weeks pregnant. He was advised that I would be seeking support during the pregnancy and has actively avoided contact so not to get served. He then went overseas. I am a Maryland resident and that is where the child resides with me. It literally took me a year to finally track him down to serve him with my Maryland Custody Petition. He had no idea that I was able to locate a residence in Virginia where he was living when he came back into the country. Maryland Child Support Enforcement Agency was advised of new address and then notified Virginia CSEA who had the sheriff serve him in May 2010. Virginia courts proved paternity and awarded support for the child. He has since left the country again but the final hearing is scheduled next year. He has not made any payments as of yet. The Maryland courts has awarded me full and legal custody.

    I don't understand. You initially asked when support would start.

    Now you've stated there is already a support order which was entered. Support should already be getting paid to you. There is no "When should it start" if the order has already been entered because it has already started.

    Are you asking when you can start expecting to see money? Typically it takes at least a few weeks from the date the order is entered. When was the order entered?
  • Dec 23, 2010, 07:15 AM
    Needsupport52
    Comment on this8384's post
    Can support be backdated to date of child's birth, date State 1 opened case or date State 1 sent case to State 2 for enforcement. NCP was a no show at Sept '10 status hearing. No money has been paid at all. Final hearing 3/11
  • Dec 23, 2010, 07:19 AM
    this8384

    Quote:

    Originally Posted by Needsupport52
    Can support be backdated to date of child's birth, date State 1 opened case or date State 1 sent case to State 2 for enforcement. NCP was a no show at Sept '10 status hearing. No money has been paid at all. Final hearing 3/11

    How old was the child when the support case was filed? How old is the child now? Typically support starts when the case is filed and support is ordered; it's very rare that back support will be ordered with the exception of a month or so.

    My husband filed for support in December; the first hearing was at the end of February and they only back-dated support for 5 weeks.

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