Q: Son relocated long distance to live with me. I'm waiting on a hearing for the cs modification. Do I have to pay cs?
Background:
- Petition for cs modification filed (pro se) in May.
- Mother defaulted in June, petition filed and granted.
- The proposed consent order for timeshare was signed by both parties and was filed in July; currently waiting for Judge to sign. (It is the exact reverse of the timeshare I had when my son lived with his mother, so there should be no issue there.)
- My 17 yo son relocated to live with me Aug. 1 as agreed to in the timeshare proposed consent order.
- I am waiting on a hearing date for cs mod which I'm told will be Oct/Nov.
- My ex refuses to send FA to Court.
- My ex and I earn about the same amount of money and it's likely that she will be ordered to pay cs.
Question:
What will happen to me if I stop paying cs and she pursues enforcement while I am waiting for the hearing? Does the enforcement division see that a petition for modification is pending with the Court?
A: Consider paying the CS into escrow or depositing it with the court. If she pursues enforcement explain this to CS enforcement.
A: Short answer always given to all clients: You cannot just stop doing something that a court of law told you to do. So yes, you must continue to pay "cs" until the Judge says otherwise.
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