Q: Can CS reinstate after the parent w custody terminates it at the court and then tries to open in a different county?
My husband's ex terminated CS at the court and wiped out all the arrears he had, we did a notorized letter were it was stated she didn't want any money from us nor she was giving us any money for their daughter. She did all of this because she kicked out my stepdaughter and sent her our way. 6 months later she wanted her back and set it up where my stepdaughter ran away from our home to go back with her and now She is trying to open a new case for CS in a different county. We also gave her a cashier check with the notorized letter that neither party wanted any money. Can she reinstate even after she terminated CS in Los Angeles? When she ran away my husband had court custody of his daughter.
A: The arrears are most likely wiped out and it does not sound like she is requesting arrears based on the statement of facts in the posting. However, it seems like she is making a new request for new child support. If the child is living with her, she will be allowed to ask for child support moving forward. It doesn't sound like she will get any arrears, especially if she is not asking for arrears, but she certainly may ask for new child support. Although parents can sign letters stating they do not want child support moving forward, the court will look to the best interest of the child and award child support based on guideline. The case will probably be transferred to where the child is located with the parent.
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