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divorce decree vs. court order CS?

Just54321's picture

Submitted by Just54321 on Wed, 04/20/2016 - 3:15pm

Does anyone know what the difference is between having child support part of your divorce decree instead of an actual child support court order? My DH and his ex made it part of their divorce decree and there is no "court ordered" child support.
Now that she is terminally ill and the kids are no longer living with her our attorney advised DH to file for stopping child support, but when he called the courthouse they told him that he isn't in their child support system b/c he pays child support as part of the divorcee decree. So does that mean he cant stop??

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WalkOnBy's picture

Submitted by WalkOnBy on Wed, 04/20/2016 - 4:53pm

A Court order, of any kind, is enforceable. You do have a child-support "order", it's just that it's not a separate document.

Your husband can absolutely file to have the support stopped. He needs to file a motion to modify the judgment of divorce.

Make sense?

z3girl's picture

Submitted by z3girl on Thu, 04/21/2016 - 8:52am

^THIS^

My DH didn't have anything separate. He had to go to court and let the judge go through the numbers and decide the new amount. Once we decided garnishment would be easier so that BM wouldn't get anything directly from DH and thus cut out the constant extras, it was then sent through probation (in NJ) who monitors CSE. Before then, there was no COLA, but the small amount for the couple of years this went on for, it was worth it.