I filed for child support with the Child Support Division and then my spouse filed a divorce seeking custody. What will happen with my child support case? Will it be moved to the divorce? Or will it go forward?
Sit down with your lawyer (and you need one in a hurry) to address the response and counterclaim in your divorce and how to be sure support is determined there, which is where you want it to be heard. This is not a DIY project and there is a lot to do quickly both as to support and custody issues.
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You need to hire counsel, file pleadings in the divorce case, and request a temporary hearing. The support order can be modified in the divorce case, if parenting time and other factors exist to alter the support awarded in the CSE case. If the custodial rights do not change in the divorce between the parents, some judges let the recent CSE order remain in place, and resolve the other issues between the parties in the divorce.
You should consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action.
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