Legal Question in Family Law in California

Suspending Child support payments

My husband has an active CS case with DCSS, but he recently got physical custody so he is trying to suspend the CS payments. How is this done? If a Motion to suspend payments needs to be filed., what Judicial form is it and will this be a new case number?


Asked on 7/02/09, 1:39 pm

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Suspending Child support payments

Since you are working with the San Diego Department of Child Support Services, you may talk to them and provide them with a copy of the order for custody. They may voluntarily hold or suspend the payments. You must then file a motion to modify the child support order (not suspend them). Suspension of the payments could be ordered ex-parte if DCSS will not suspend the payments. It is a relatively easy motion and should be filed immediately as the child support modification can be retroactive to the date of filing only, however, there is a way to get credit for previous payments. My fees in this simple case are typically $1,250 with an additional $300 if it is necessary to go ex-parte to get the suspension. Good Luck, Pat McCrary

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Answered on 7/03/09, 12:46 pm
Colin Greene Russakow, Greene & Tan, LLP

Re: Suspending Child support payments

To stop his payments, he files an Order to Show Cause re: Modification of Child Support in the existing case. If he wants to receive support from the other parent, he can either do that in the case where he got custody or have DCSS open a new case for him.

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Answered on 7/02/09, 5:48 pm
Colin Greene Russakow, Greene & Tan, LLP

Re: Suspending Child support payments

To stop his payments, he files an Order to Show Cause re: Modification of Child Support in the existing case. If he wants to receive support from the other parent, he can either do that in the case where he got custody or have DCSS open a new case for him.

Read more
Answered on 7/02/09, 5:48 pm


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