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Family Forum / Parenting / Parenting / July 2004



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Q on filing for CS and an order for CS

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WiseSarah - 01 Jul 2004 02:46 GMT
Just wondering on something here. When an CP wants to get child support
they must file the paperwork to do it. It becomes an order when it goes to
court, which begins the enforcement procedures against the NCP.

Question is what is going on in between the two states? Is it entirely
possible that someone could file for CS but it would not become an order
for several years (I mean more than 10+)? Could the paperwork be placed
"on hold" until the CP uses public assistance setting the gears in motion
for a CS order - thus making the CS order have a longer past-due from the
time difference between filing and going before a court.

An additional question - since paternity would need to be determined in
this case, can they use the legal abilities (read: bloodhound unit) of the
CS order to really just make you show up for the test, and subject you to
the penalities of contempt while they wait for the test? Or do they have
to "play nice" until they got you by the DNA?

Thanks for any info.
short - 01 Jul 2004 17:57 GMT
> Just wondering on something here. When an CP wants to get child support
> they must file the paperwork to do it. It becomes an order when it goes to
[quoted text clipped - 3 lines]
> possible that someone could file for CS but it would not become an order
> for several years (I mean more than 10+)?

It could, but only from an oversight, one would think.

> Could the paperwork be placed "on hold" until the CP uses public
assistance setting the gears in
> motion for a CS order - thus making the CS order have a longer past-due
from the
> time difference between filing and going before a court.

Ouch.  Entirely possible, given the errors I've seen, but that would suck.
I wonder if they would try and penalize the payer, for their mistake?

> An additional question - since paternity would need to be determined in
> this case, can they use the legal abilities (read: bloodhound unit) of the
> CS order to really just make you show up for the test, and subject you to
> the penalities of contempt while they wait for the test? Or do they have
> to "play nice" until they got you by the DNA?

They could probably contempt you for not showing up for the test, at least.

short - sounds like a bad deal to me!
Chris - 02 Jul 2004 08:31 GMT
> > Just wondering on something here. When an CP wants to get child support
> > they must file the paperwork to do it. It becomes an order when it goes to
[quoted text clipped - 22 lines]
> >
> They could probably contempt you for not showing up for the test, at least.

What a deal! Contempt for exercising your Fifth Amendment privilege.

> short - sounds like a bad deal to me!
 
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