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Child Support During Emergency Custody

Posted by on Oct. 8, 2012 at 4:41 PM
  • 6 Replies

 Hello All,

We had 50/50 custody of my 2 Skids at which time there was no child support either way and all expenses were to be shared. Recently there was an incident with their mother and we had to file for emergency custody- CPS was involved and my DH has been back and forth to court with mediators etc. We were granted emergency 100% custody until October 29th when the judge will make the final ruling on a more permanent custody arrangement. We've requested initial supervised visitation and if BM can stay sober (she is in a treatment program right now) then gradually increase visitation as the kids get comfortable again with her etc.

My question is- do we have to file separately for child support during the time we have 100% custody. Our immediate concern was getting the kids out of her house so we did not file for it yet. Will she owe for the time we've had them (its been about a month and will continue at least until 10/29). Any help is appreciated.

 

Thank you.

by on Oct. 8, 2012 at 4:41 PM
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Replies (1-6):
lovexroads88
by on Oct. 8, 2012 at 4:44 PM
Talk to the caseworker, they will help you with it if they havent had her fill the paperwork out for it already.
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ShannaBee
by on Oct. 8, 2012 at 4:56 PM
I'd consult my lawyer or caseworker.
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Gutisgirl
by on Oct. 8, 2012 at 5:08 PM

Not sure of the laws in your state (I'm in Texas) but we are going through something similar right now.  Judge ruled in our favor 100% custody.  She has to pay child support to us now (was reversed) but she also has to pay us back because we were paying tuition for sd to be in private school.  BM took her out and enrolled her in public school but was still accepting the money for the tuition every month. 

 I would ask your caseworker or lawyer.  Our lawyer filed all of the paperwork for us. 

 

 

WifeyC
by Platinum Member on Oct. 8, 2012 at 5:14 PM

The judge decided CS during the custody case. Dh filed emergency custody and the judge stopped it that day.  When BM finally went to court for it she was ordered to pay CS.  A few months later the permanent order was put in place and CS stayed the same.

Emyles
by on Oct. 10, 2012 at 2:25 AM

I say go ahead in file, it would not hurt... it should have been also in the tempary motion papers as well. I am new to the site! :-)

mirm99
by on Oct. 10, 2012 at 2:33 AM
1 mom liked this
I would say ask the CPS caseworker but I'm sure the judge will order Jane CS and make her Back pay for the month it was considered an emergency.
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