temp suspension of cs?

has anyone done this successfully? we have had temp custody of ss since april and we're still paying cs...when we asked the court to suspend it while he's in our care (considering she hasn't sent a dime back to us for him) they allowed her to respond to the motion - she is fighting it. we have a hearing set up, but now i'm nervous.

i would think it would be cut and dry - we have custody...money is for him and his care...therefore we shouldn't have to pay her while we have him - but i guess i'm wrong...

any words of wisdom you care to share? tia

Re: temp suspension of cs?

I have never heard of this, I agree with you 100%, if he is in your care, then she should not be receiving CS and in fact she should be paying CS to you and DH for SS care after all that is what it is for.

I do know that SD would live with DH for the entire summer every year and he would still have to pay the full amount of CS to BM, however, my DH never looked into suspending it for those 2 months, I guess he figured it was easier to pay it then try to suspend it.

Re: temp suspension of cs?

I think b/c ss custody is temp. you still need to pay. BM will say she needs the cs to maintain housing and stuff for when her son is back w/her full time.... you might be able to get it reduced due to those circumstances but I'm not positive....

Re: temp suspension of cs?

without going into too many specifics, she is currently living in an area that is not suitable for children, therefore the expenses she would claim are for herself - unless she moves before the hearing next month (which might happen)

she has only seen him 2x in the nearly 7 months we've had him and refused to provide us with paperwork for his physicals, etc...she's a piece of work and the reality is that it shouldn't be a problem - but everything with her is a problem...especially when money is involved.

it is so frustrating...

anyway, thank you for responding. i will try to update with any info i get from this situation in case others happen to be in it as well.

Re: temp suspension of cs?

ANY modification to the original court agreement is supposed to require a written agreement (notorized) or a court order.

However, it does make perfect sense what you are saying (obviously) just protect yourself.

Don't be nervous. She has no ground other that if you missed an CS payments

Message edited 10/29/2009 7:34:26 PM.