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  1. #1
    Join Date
    Sep 2016
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    Default Do You Have to Pay Child Support After a Guardianship Order

    The divorced parents of a young child agreed to place him with his aunt and uncle, who petitioned to become his guardians. The mother has substance abuse issues and the father, although a fit parent, cannot take custody as he's an over-the-road truck driver. The guardianship was granted.

    Does the father still have to pay child support to the mother under the custody order?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Do You Have to Pay Child Support After a Guardianship Order

    Even if the guardianship was awarded in the same court that issued the custody and support order, dad should not take for granted that the court connected the dots and ended the support order in favor of the mother. Dad should check with the custody court to see if the order remains in effect and, if it does, should immediately file a motion to modify the order based upon the fact that the mother does not have custody. A court will normally retroactively modify a support order only back to the date that a petition to modify is filed.

    The guardians are entitled to seek child support from both parents.

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