Q: Will the amount owed for child support be stayed until the custody hearing is over?
I would like to file for a custody hearing and stay the support hearing (not set yet) until we can decide custody. - CSS has told me beginning Nov 1, I will start owing 1630.00 and should keep that in my savings until the final decision is made. I was told that the Support hearing would be stayed until the Custody hearing is decided but I am curious if that would also mean the amount of child support owed would also be stayed until the final decision is made. I am being forced to save 1630 dollars a month for CSS and also have money to hire a lawyer which is virtually an impossible task.
A: It sounds to me like there may already be a support order in place since CSS told you that beginning November 1, your support obligation of $1630 starts. But, you should have been given notice of any such hearing where a judge would render a support order, so perhaps there is no current order and CSS is speculating on the amount of support that will be ordered. The problem, as here in your situation, with not having a custody order in place by the time the court is to decide the child support order, is that the court does not know what the percentage of time spent is which is a vital component to the child support calculation. As such, while the court does not "stay" the support hearing, it may likely continue the hearing so that the custody and parenting time can be determined. Alternatively, the court could render a decision on the child support based on your current parenting time schedule. If there is a significant change in the custodial time as a result of the custody order, then a motion to modify could be filed. I would recommend that you retain experience family law counsel to assist you in navigating these dangerous litigation waters.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
