Legal Question in Family Law in California
How do I stop CS payments when I have full custody?
I recieved full custody, only after CSP and the court ordered my boys put into my care full time. Their mom only sees them under supervised weekend visits. I recieved the kids (full time) on November 22nd. I have repeatedly contacted the San Joaquin County DA's office and was told that CS would be stopped. BUT, it is January and I am still paying it. I suspect that their mother is still getting it, as she is able to live quite nicely, but has no job. (She denies it though) But regardless of if she is or isn't, how do I go about getting that money back?
I am ecstatic that I have the boys back, but things are really tight. Please help?
4 Answers from Attorneys
Re: How do I stop CS payments when I have full custody?
You should immediately file a motion or OSC to terminate child support. Further you should bring a certified copy of the juvenile court order giving you custody. Then request that the court find that you have satisified your child support obligation for the period of time from the court order giving you custody until the time you filed the motion or OSC.
Stop paying support now. If there is a wage assignement taking the support from you wages, you need to file an OSC and request a temporary restraining order stopping the deduction of child support from you wages.
The court cannot change child support once it becomes due. The only exception to this rule is tha the court may modify child support from the date on which you file your motion or OSC.
when requestin the temporary order suspending the payment of child support be sure to attach a certified copy of the juvenile court order giving you full custody of you children.
Re: How do I stop CS payments when I have full custody?
If you choose to handle the matter yourself you can go to your court facilitator who will be able to help you fill out and file the correct forms. You will then need to have an adult serve both the DA and the mother with the papers.
At the hearing make sure you bring with you documents showing you have the children. You may also wish to request custody orders from your court if you only have the children based on CPS giving them to you.
Re: How do I stop CS payments when I have full custody?
You do not need to pay child support while you have full custody. You may wish to change the ORDER by filing an OSC requesting the change in custody payments.
Re: How do I stop CS payments when I have full custody?
you must go in on an OSC and get a cort order stopping it. it is not automatic when custody changes.
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