My husbands ex moved 3 years ago to Mo., from Alabama, my husband never gets to see his son. Before they moved he was there every other weekend to pick him up...but he hasn't seen him in 3 years. He has to pay a large amount of child support, so can the courts reduce the child support? What are the laws on moving out of state?
2006-06-27 12:06:19 · 7 answers · asked by sunshine4k7g 1 in Family & Relationships ➔ Marriage & Divorce
The child support will not be reduced. If your income is the same and this is a minor child. However if you have joint custody her moving to another state without your consent is illegal. You can turn her in to the family court that put in your original agreement. She would be forced to return to the state for a hearing or immediately give you temporary custody.
2006-06-27 12:14:32 · answer #1 · answered by GoldenGirl 3 · 1⤊ 0⤋
No, the child support cannot be reduced just because the ex moved out of state. But if he has earned less money than what he was orignally making, then he can petetion the court to reduce the amont of his child support. Of course, the ex income would also be figured in to figure what the amount will be. He can also petetion the court for visitation rights. the court will order the ex to work out a viable soulotion that you both can agree to. However, usually when 1 parent moves out of state, that parent has to bring the child back for visitation every time, whether its every other weekend or once a month, depends on what the court orders. as far as the laws are from moving, you are too late as 3 years has expired, and therefore there is nothing that can be done about it. but for info usually she would have to send a paper to you,30 days in advance, and you will have to petetion the court that you dont agree with her moving out of state and if the court finds in your favor,which is usually, will make the ex moved back. But its been 3 years , so you're out of luck on that one
2006-06-27 13:47:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The laws are pretty straight forward. Did your husband's x get permission from the courts to leave the state? Your husband might consider taking his x back to court (the same court that ordered the child support) if income changed or anything else has changed. But, it's your husbands responsibility to find a way to see his son. Does he have court ordered visitation???If so it's up to him to inforce it and work something out with his X as to how the child will be transfered from one parent to another. Best thing to do if they can't work it out together....go back to court and have probation set up a proper visitation schedule that is best for the child and all involved. Your husband really needs to keep in touch with his son. It's the best gift he could give him. Good Luck
2006-06-27 12:36:57 · answer #3 · answered by Linda B 1 · 0⤊ 0⤋
It's all about women these days....not the children.Sorry to say but no they won't reduce your child support. It's sad that these children have to suffer because of their selfish mom.
Well you could take her back to court however, even if your husband did that on top of the large amount of child support you have to pay, you would be responsible for either meeting her half way or having to go all the way to pick them up and back at your expense. So really and truly financially you lose anyway.
personaly I think she should be the one to see to it that these children go to be with their father atleast every other weekend
regardless of her financial situation..After all she is the one that moved them so far from their father...
women like this are sorry excuses for mothers. And should be ashamed of themselves.
Hopefully one day someone will make a diffrence and change these laws of favoritism... And when they do I hope these custodial parents get back everything they dished out to these non custodial parents...It will be well deserved.
I'm not afraid to speak my mind on this subject...because I look at it this way...It's not all custodial parents that are cruel and money hungry but there is a big majority of them out there..
you can spot them from a mile away especially on this site.....they are the ones that take things in offense....when it comes to talking about child support and fathers.
It's not about the children...it's all about the money.......
2006-06-27 12:29:57 · answer #4 · answered by jttatum2005 2 · 0⤊ 0⤋
It would vary from state to state. I live in MO and my divorce decree says that I can not move out of state without a 30 day notice to my ex. I guess that is so he would have time to file necessary court papers if he wanted to.
I tend to think the filing would have to be in the same court in which the divorce was granted. Of course, I could be wrong.
2006-06-27 12:11:34 · answer #5 · answered by sweetnessmo 5 · 0⤊ 0⤋
The child support is set where the case orgininated, aka the state of jurisdiction. Therefore, it would have to go back thru that state.
2006-06-27 12:16:50 · answer #6 · answered by sweetdreamin96 4 · 0⤊ 0⤋
well he should of been able to stop her from moving out of state with his children, but since it's been three years, I'm not sure....child support...RARELY lower the child support payments, in ANY case it seems like, only will the raise it, so be careful on that end of things, or your huge payments, will only get BIGGER...you can however, MAKE her send the kids to you for visits...and that will/can help lower the payments *somewhat* of a percentage, because you get so many credited *overnight stays* during your visitations...{suppose to help encourage the other parent to spend time with the kid, etc...} but worth it to help lower it a LITTLE...and she has to pay one way for them to get their for that visit too.
2006-06-27 13:04:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋