I have filed for a temporary mod of child support due to a recent job loss. I have a civil action number and my ex has been served. At this point, do I still have to pay the full amount to her or can I pay the reduced amount according to the child support worksheet? We do not have a court date yet because my ex is requestinga jury trial in this matter, Legally, what do I need to pay her, the old or new amount?
Family Law Attorney
The previous Court Order remains in effect. So, the old (higher) amount is still due, and will accrue (causing an "arrears") that will need to be paid, eventually. In the meantime, a bench trial on a temporary hearing (which is easier to get, and quicker results -- temp. hearings are not JURY trials) will give you a chance to reduce your obligation until such time as you go to a final hearing, jury or otherwise (bench). Until you get to Court, it looks much better to the Court if you pay something, so pay according to the figures in the new Worksheet, but understand that the amount that you originally owe will still be accumulating, minus the amount that you DO pay while you are awaiting a temporary hearing. The longer you wait to get a temp. hearing scheduled and heard, the more arrears will accumulate. Call the Court Clerk in the County where the case is filed and get a hearing (temporary) scheduled, ASAP. Be sure to ask if the Court is sending out the notice of hearing or if you must do so. If you are acting without an Attorney (Pro Se), then the Court may do it for you.
Hope this helps.
Danielle D. D'Eor-Hynes, Family Law Center, LLC
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1 lawyer agrees
Family Law Attorney
You are bound by the existing order until such time as the new order gets established. Once the new order is established, if it is made to be effective as the any time prior to the date that it is issued (for instance, if it is effective as of the month that you filed the petition), you would be entitled to either a reimbursement or offset equal to the amount that you "overpaid" between the effective date and the date the order is issued.
I hope this information helps answer your question(s).
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.