I won a modification of child custody case last month, but I have yet to receive any paperwork reflecting that I have custody and should either have my child support payments modified or terminated.
Do I still have to continue paying child support if I have not received the updated order yet? Will I be able to recoup the support I am paying after the judge ordered that custody be transferred to me?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.
A men's divorce attorney would strongly suggest a client to contact the court and request a copy of the court order. You will need to know the date on which the matter was decided, the docket number, and the name of the judge who heard your case.
Where I practice, when an order is issued that modifies child custody, a divorce lawyer would also request that the child support enforcement agency is also served with a copy of the order so that the child support account can be updated accordingly.
In my state, when a motion is filed to modify child support or child custody, any order that is issued is typically effective as of the date the motion was filed.
Therefore, you would be entitled to either a modification or termination of your support obligation not as of the date the order was issued but rather the date on which the motion requesting the modification was filed.
Related Article:Reimburse Overpaid Child Support
Thus, my first suggestion would be to contact the court for a copy of the order. Upon receipt of the order, you should contact whomever in your state is monitoring your child support account and provide them with a copy of said order.
If a problem persists and they will not adjust your account in accordance with the court order, you may need to file a motion to enforce the order and terminate your child support obligation as per the terms of the court order.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.