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CS order follows the child

Good afternoon

 

How do you handle court orders when custody changes?   example mom has custody, then grandmother has custody.

We are reviewing our CS Codes and this is something we wish to include in our orders.

thanks

9 Responses

  1. If the mother was receiving child support and then custody of the child goes to a grandmother (even temporarily by court order) then the child support payment is redirected (by court order) to the grandmother. We have a citation in our codes to cover that very thing. Is this what you were thinking?

  2. Hi Sis,

    Here in Rocky Boy custody changes so often that we had to address this as well. We remedied it through putting language in the order saying the CS follows the child and instead of having a petitioner/respondent in the caption/heading we put IN RE THE MATTER OF MINOR CHILD(REN): JJD; DOB: 8/8/2017. E-mail me if you’d like to discuss further.

    Brian

  3. Redirection of Child Support Upon Change in Physical Custody.
    Whenever physical custody of the child is changed, the child support payments shall be
    redirected to the new custodian, except for the amount of unpaid support still owed to the previous custodian or to the tribal or state child support agency.

    Note: This citation must be in the petition and order.

  4. Hi everyone, I was intrigued to read these responses. So wanted to ask Curtis and Brian so your attorney put that standard wording in every child support order ahead of any custody change and then do you all go back to court to change order to new custodian? Thanks in advance

  5. Hi Kara. No, in the one instance we have used this code we went into our tribal court on an existing CS case. A state court order had subsequently transferred custody of the children to a third party. (our tribal court doesn’t have child custody codes yet) So we went into tribal court and got a child support order for the parent losing child custody AND we petitioned and received an order redirecting the other parent’s payment over to the third party.
    Hope that makes sense. CZ

  6. In ours, the language is standard in every child support order. The only thing it requires is a change of payee form that is signed off by the custodian or a custody order showing who has custody.

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