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Survival of Child Support Order after a Deprived Action

This article provides instruction for child support orders after a deprived action. After a deprived action is dismissed, the most recent child support order entered in the deprived action shall remain in full force and effect unless the judge presiding over the deprived action orders otherwise. This occurs even if there is a pre‐existing order entered by the administrative or district court before the deprived action was filed. The impact on the pre‐existing order is the deprived court modifies it by entering a new order in the deprived action.

The child support order in a Child Welfare (CW) case does not automatically end after the CW case is dismissed. In many cases, the child is not reunified with both parents at the conclusion of the case and it is appropriate for the noncustodial parents (NCP) to continue to pay child support. However, if a child is reunified with a parent who was ordered to pay child support, the court should terminate the current child support order and address the issue of arrears, if any.