My ex and I have a child together. He currently owes 18K in child support. He already had a child when I met him & he was very supportive of that child..paying c/s on time. When I ended the relationship because I found out he was still seeing her, he lived with her & was paying c/s to avoid paying full amount owed to my child. They are now married, would the child support to there child stop because child support is based upon visitation?
2006-09-24 09:21:42 · 14 answers · asked by sacred_soul@sbcglobal.net 2 in Pregnancy & Parenting ➔ Parenting
Does he owe the money to you?
If so go to court and file him in contempt for non-payment of child support. They will get him in there and if he can't start to pay up he will face jail time. If you can not afford court fees either request that he is held responsible for the or ask for a motion to waive fees.
You need to look at how much he is responsible for paying... Is it fair? Is it taking care of half the child's needs? In some cases I believe the father is asked to pay too much and fails because of it. ( Since he is married they should be counting his full income when calculating child support for your child).
2006-09-24 10:31:32 · answer #1 · answered by erinjl123456 6 · 0⤊ 0⤋
Child support is not based on visitation - They are two completely separate issues.
If your child support has been ordered and he is not paying talk first with your local support collection unit. They should be able to help you out, one of the things they can do is put in a request to have the back child support taken from his income taxes. An attorney can also assist you with this if you prefer to use an attorney. If you want to try to fix this on your own then go to the local clerks office and ask that the support order be modified to have his payments taken directly from his paycheck. You Willl have to go back to court and prove he has not been current but the courts wil order that payments be taken directly from his paycheck and they will send all the necessary paperwork to his employer. Good Luck
2006-09-25 04:54:11 · answer #2 · answered by B 7 · 0⤊ 0⤋
Child support should have stopped as soon as he started living with her. Whether he fathered other children should have no bearing on if he pays support to you for the child you two share. Do you have a case open with your local Distrcit Attorneys office? They are usually pretty effective at getting fathers to pay and the laws have gotten much stricter in the last few years. I know support kids.com does some collection - they get the back support in a lump sum and charge you a fee to do it. Hope this helps. Good Luck.
2006-09-24 10:02:44 · answer #3 · answered by therealprinsess 3 · 0⤊ 0⤋
There are only a few things that will make child support stop:
If the parent who is paying child support has custody of the child for more than 50% of the year, then child support isnt owed anymore. However, this only applies when the parent has been to court and is court orded custody. If the paying parent just claims that they have custody for 50% or more of the year, then that doesnt count.
If another person adopts the child legally as their own, the child support stops. For example, if a single mother gets married, and her husband legally adopts the child as his own, then the biological father doesnt have to pay child support anymore.
Just because someone has visitation, doesnt mean that gets them out of paying child support. They still have to pay it. However, if they have court ordered custody that lasts for more than 50% of the year, then they dont have to pay child support.
2006-09-24 09:30:53 · answer #4 · answered by cute_blondie_angel 6 · 2⤊ 2⤋
first of all child support is not based upon visitation. second of all I really dont understand your question but I know you should be getting it!!! If a man doesnt pay child support that doesnt mean that he cant see his child. But you need to make sure you are getting your child exactly what he/she needs. It dont matter if you can live without it its still your childs money so go get it!!!!!
2006-09-24 09:50:32 · answer #5 · answered by bootsy454 1 · 2⤊ 0⤋
First of all, child support is not based on visitation.
They are two separate things.
When they married, he quit paying child support to her.
If he's not paying you like he's court ordered to do so, then you need to let your lawyer know.
You don't pick one child's payments over another. The judge would set an amount based on income and amount owed.
2006-09-24 09:24:38 · answer #6 · answered by janicajayne 7 · 2⤊ 1⤋
Child support is NOT based on visitation. I don't know where that idea came from. In Texas, child support and visitation are two separate issues.
But if he is legally married to her, the child support on that child support should stop.
2006-09-24 11:32:53 · answer #7 · answered by LittleMermaid 5 · 1⤊ 0⤋
Child support is not based on visitation. It is based on income and dependants.
2006-09-24 09:33:24 · answer #8 · answered by Chris 4 · 2⤊ 0⤋
No matter how many children he has he still has to pay support to each and every one of them. The amount of support you receive will be based on his income. Your child is the 2nd child so you are entitled to 20% of his gross income I believe.
2006-09-24 09:28:44 · answer #9 · answered by ebosgramma 5 · 0⤊ 4⤋
NO! He's still the kid's father, and still owes him c/s. A friend of mine has a kid who's 7.5, and he's only seen his dad 3 times, and not in 5 years or so. She got remarried but he still owes her c/s.
2006-09-24 09:25:13 · answer #10 · answered by Melissa, That's me! 4 · 1⤊ 1⤋