my daughter 15 lived with her dad, who didnt supervise her properly. She was not going to school and was recently raped. He could not handle her so he sent her to live with his parents. I filed a petition to have her stay with me (mom). The day I filled my ex called and said that it was in our childs best interest to live with me, but he didnt want to pay me child support. We meet at the court house signed an agreement that stated it was in her best interest to live with me and that no support would be paid. She has been with me since then.The judge set a court date. My question is, can I now say at this hearing that he should pay support? He hasnt even seen her since that day. And I paid him when he had her. Why should he get a free ride. Can he now contest custody if he has to pay support? What should I do? The case is today? I want my daughter either way, but feel he should py support as I had too. How should I tell the judge this?
2006-06-12 03:41:46 · 15 answers · asked by rubmaster36 2 in Family & Relationships ➔ Marriage & Divorce
If you can support her do so and get this guy out of your life.If not the judge isn't going to let you make that choice whether or not the taxpayers pay instead of him.But as always there is probably more to the story,like why did he have custody in the first place over you.
2006-06-12 05:52:45 · answer #1 · answered by Roscoe0150 7 · 3⤊ 0⤋
I think the judge is going to rule that the custodial parent receive child support. I don't think your agreement was a legal contract. The reason I know this - for instance if you have a place where young kids come but the ride could possibly be dangerous (like horseriding, etc.) and parents sign a waiver saying they can't sue if there is an injury - that is not true. The law is the law - anything written and signed that is not following the law is not going to be valid in court. He shouldn't get a free ride. He was just trying to "get to you" - make you believe this is true. The court is going to look out for the best interest of the child and guess what - not paying child support is not in the best interest of the child - period.
2006-06-12 10:49:53 · answer #2 · answered by butterfliesRfree 7 · 0⤊ 0⤋
Its not about a "free ride" its about his legal obligation to help support his child. I am really surprise a judge allowed the first agreement slide with no child support, I can't believe your lawyer didn't talk you outta this.
Now I am curious if this order was a temporary order?, if it is of course you can request child support, no judge would say no. If its a final order, you may need have some fancy foot work to perform, but even still no judge would deny your child of support. It is his moral obligation as much as it is legal, and plus that why should your child go without when she didn't when she was with him. GL
2006-06-12 11:03:11 · answer #3 · answered by maxine553 2 · 0⤊ 0⤋
it is breaking the original agreement and contract you had befor so if the judge even rules the agreement/ contract can be broken then the child custody case will start all over again and this time the child will probably get a say but life isn't fair so you should just be happy to have your daughter and pay for her life without help unless it is totaly out of the question cause it is without a doubt completely impossible to take care of her without some help
2006-06-12 10:50:01 · answer #4 · answered by snowboarder 6 · 0⤊ 0⤋
Talk to your lawyer and tell him exactly what you want.
You were paying your husband child support, so he should pay you the same amount (or as much as he can afford) until your daughter is finished her schooling.
Even though she is no longer living with him doesn't mean she's not his daughter. He still has financial responsibilities towards her.
Whatever you do, do not let him get a free ride!
I can't believe some fathers these days.....
2006-06-12 10:50:15 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Talk to a lawyer. This might be the best thing in this situation. the lawyer could bring it up to the judge that you were once paying support, and now that the daughter isn't living with him, he should be responsible to pay for his portion of the costs.
I'm sorry I'm not much help, but I really think the lawyer would be best.
2006-06-12 10:44:56 · answer #6 · answered by Rock Goddess 3 · 0⤊ 0⤋
Child support is required by law, unless there are extreme extenuating circumstances. You have a date and EVERY SINGLE COURT ORDER can be modified. Just because you and he signed an agreement that no support should be paid, doesn't mean that it can't ever be modified. I'll bet he can't convince a Judge he can't pay support. Good Luck!
2006-06-12 11:52:19 · answer #7 · answered by working mom of 3 4 · 0⤊ 0⤋
I'm not real sure. I don't think hardly any judges today go with the fact of no support...you might get lucky, and the judge drop the papers you signed..and give you support anyway. At least that's usually how it goes..someone always has to pay support somewhere...good luck!
2006-06-12 19:32:28 · answer #8 · answered by Anonymous · 0⤊ 0⤋
the thing is you signed something saying she could be with you if he didn't pay support so you can ask a case worker there what that means and if you can ask the judge and they can tell you better what to do
2006-06-12 10:51:44 · answer #9 · answered by mimismom 4 · 0⤊ 0⤋
first of all you have to retain an attorney and go for full custodian rights and the child support division will do the child support case for you. I know been there done that
it takes time and an attorney to make sure you dont get screwed over
2006-06-12 10:46:56 · answer #10 · answered by silvereagle1125 3 · 0⤊ 0⤋