Q: Can 1 court enforce a child support order that is in direct opposition to what another court ordered in divorce decree?
Divorce was granted in 1 county with the decree stating that parties will work together to vacate a child who is not biologically dad's from the child support order in another county. Motion was filed in that county (of the child support order) but the magistrate ruled against dad since the dad previously signed the birth certificate. Magistrate ruled that dad will keep paying for the child until he 18, despite what the divorce decree said. Mom is not cooperating which she agreed to do in the divorce decree. Dad was advised by a friend to file a motion for contempt in the county of the divorce which he can do but what will this do for the child support order since the other county essentially ruled against what was agreed upon in the divorce decree? When filing a motion for contempt in the county of the divorce, can a motion also be filed asking the court to order that the child be vacated from the support order, against the county of the support order? Which county's order prevails?
A: What was actually agreed to? If the two of you agreed to "work together" to get this child off the order, and you two filed a joint motion, or a motion and concurrence, you did work together. That the court denied that motion is out of your control. Did you two object to the magistrates decision? There's a very short window for that, and it would cause a judge to review it.
1 user found this answer helpful
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.
