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Coathom
Coathom, Lawyer
Category: Family Law
Satisfied Customers: 19
Experience:  Familiar with divorce, property distribution, custody, and child support issues.
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If child suport was ordered in a divorce hearing and a motion

Customer Question

If child suport was ordered in a divorce hearing and a motion for rehearing was ordered afterward is child support payments on hold until the motion is heard?
Submitted: 8 years ago.
Category: Family Law
Expert:  Coathom replied 8 years ago.

Many times the Judge will make a temporary support order that requires payment while the final order is being litigated. The original order stands unless the judge explicitly rescinds the order. Review the document itself for the due date. If the court later decides that this payment is too much, your additional payments may be credited against future amounts owed.

 

Short Answer: Probably -- look at the order to see when the first payment is due and follow that order until the judge orders otherwise.

Coathom and 2 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.

Shouldn't I at this point, almost a month later, have heard something from somebody? The order says child support is to begin today, July 1st, but nothing has been done on the part of DOR or his employer, or the court for that matter. The dockets detail the order as far as the amount and the effective dates, but shouldn't there a final docket entry saying that the judge has issued the order?

Expert:  Coathom replied 8 years ago.

Unfortunately the burden is on you to follow up and ensure that if payment is due, you pay it. If you miss a payment you may fall into arrearage. Some states have an online system that will show you when payments are due. You will not hear from anyone about amounts owed until the recipient of the support seeks payment of past amounts owed.

 

If there is an order signed by the judge, it is a final order. If there is only a "proposed order" or "proposed agreement" without signature by the judge, it is not enforceable.