ESTABLISH ORDER                      

CS 355P Prior Order: Establishing/Modifying a New Order

12/93 Revised 11/30/06 Training Completed 11/30/06

 

Prior Divorce Decree or Paternity Order

 

If there was a divorce decree or a paternity order that set a current support award, the parents remarry (or marry in a paternity situation), and then subsequently separate, the (re)marriage invalidates the support award in the order and a new support order must be established.  Invalidation of the old order is not retroactive; therefore, any arrears that were reduced to a sum-certain judgment in the old order, or any arrears that accrued under the old order before it became invalidated by the marriage (or re-marriage), are still owed under the old order.

 

When establishing the new order, treat the case as you would any other separation case.  Begin the new support award amount as of the date of the application for services on Non-IV-A cases, or date of the referral on IV-A cases, that was received after the parties (re)married and then separated.  Also address any arrears that have accrued since that date in the new order.   

 

If the non-custodial parent (NCP) begins to make payments before the new order is established, add a current support debt to ORSIS so that the payments are applied as “current support” first, according to federal distribution requirements, even in the absence of a current support order, or arrears are still owing on the case.  For example, if the NCP pays $150.00 to CSS, or to the custodial parent (CP) who turns in the payment, that payment would count as “current” support for the month it is received by CSS. 

 

In addition to establishing a new order, if the NCP is contesting what is owed under the old order, you may adjudicate the arrears (not already reduced to a sum-certain judgment) that accrued under the old order by conducting an adjudicative proceeding and issuing a separate Decision and Order.   

 

NOTE:  If the parents physically reconcile, but do not remarry, and then separate again, the parent(s) without physical custody is responsible to pay his/her share of the child support obligation without having to modify or establish a new order.  However, if it has been three years or more since the date of the order, you may request a review for a modification. 

 

Prior Separation Order

 

If there is a prior administrative separation order that was issued by CSS, and the parents physically reconcile and then separate again, the parent(s) without physical custody is responsible to pay his/her share of the child support obligation without first modifying the order.  However, if it has been:

 

1.                  three years or more since the date of the order – the appropriate post-order team will begin to enforce the existing order and/or determine if a modification of the order is appropriate. 

 

2.                  less than three years since the date of the order, the post-order team will begin enforcement.    

 

NOTE:  The post-order team may want to review the case for a modification and obtain a new administrative order if the income of either parent has changed more than 30%. 

 

If the parents remarry and then subsequently separate, the marriage invalidates the current support provision of the administrative separation order and a new order must be established. 

 

Temporary Orders and Protective Orders

 

If there is a prior administrative separation order that was issued by CSS and the parents file a judicial protective order or other temporary order that addresses a new child support amount, the current judicial order supersedes the previous child support provision in the administrative order and invalidates that order for prospective enforcement.  Invalidation of the old order is not retroactive; therefore, any arrears that were reduced to a sum-certain judgment in the administrative order, or any arrears that accrued under the administrative order before it became invalidated by the new judicial order are still owed. 

 

Once the judicial order expires or is dismissed, this terminates the judicial jurisdiction and a new order must be obtained for the time periods after the judicial order, since there is no longer a valid child support order.  If jurisdiction is no longer retained by the judicial courts, the administrative process may be used to obtain the new order. 

 

EXAMPLE #1:  There is an administrative order signed June 15, 2003 ordering the father to pay $132.00 per month in child support. You receive a Protective Order signed March 06, 2005 that orders the father to pay $350.00 per month in child support but the order expires in 120 days.  Since the protective order addresses a new child support amount, the judicial order invalidates the previous administrative order.  Once the protective order expires, a new two-parent administrative order must be obtained starting the month after the judicial order expires.

 

EXAMPLE #2:  There is an administrative order signed December 12, 2005 ordering the father to pay $200.00 per month and the mother to pay $125.00 per month for child support.  The parents file judicial action and a temporary order is signed on January 10, 2006 ordering the father to pay $200.00 per month, and there is no amount for the mother to pay.  The administrative order is now invalid for prospective enforcement since the judicial action supersedes the administrative action.  No further action is taken on the district case and the court dismisses the judicial action, including the temporary order.  There is no longer a valid child support order.  You will need to issue a new two-parent NAA establishing child support amounts for both parents.  The new administrative order for support should cover time periods beginning with the month after the temporary order was dismissed.