When divorced 14 years ago, my ex-wife was given primary custody of my son and I was provided liberal visitation. Now 16, he has come to live with me and my family. His mother withdrew him from school to allow him to enroll in our local school. A few months ago when my son moved in with us, while I was out of the country, he stayed with her for two weeks and she agree to call the child support even. Since then she has refused to provide any financial support for his expenses. Is there a way to transfer custody or child support payments without the costly legal process.
2006-10-26 04:31:00 · 15 answers · asked by L. D. 1 in Family & Relationships ➔ Marriage & Divorce
Call Child support, IMMEDIATELY!
2006-10-26 04:32:18 · answer #1 · answered by Yahoo Answerer 4 · 1⤊ 0⤋
File a motion to modify parental rights and responsibilities and child support immediately! Until you do so, no matter the realities of where your son lives, the court and the system will continue to believe that your ex has custody and is entitled to support.
Be certain to fix the exact start date of when your son moved in with you and how much child support you have continued to pay out (if any) since then. Under NO circumstances should you stop paying until the court says you can - you will show up in the OCS system as in arrears, which can cause your wages to be garnished, your tax refunds to be seized, and other problems.
In your motion, seek full physical and legal rights as well as a review and modification of the child support amount. While you may try to obtain arrears for the time before you file but after your son moved in, do not count on it.
In sum, when dealing with child support, until you tell the court, it assumes that everything is as it was 14 years ago.
Good luck.
2006-10-26 05:40:58 · answer #2 · answered by PosseComitatus 2 · 0⤊ 0⤋
Assuming the agreements were in your final divorce papers, and finalized by a judge, or at least stamped by one and filed in the county of the city in which it was filed, she can hold you to that agreement unless you can show that other arrangements have been made, and the circumstances under which the original agreement was made have now changed. In short, you'll need to contact the court, either thru an attorney, or thru some legal aid process...... try this first before seeing an attorney -- at $300+/hour, that always gets expensive. Also, you may be able to find papers on line that if you and she agree to the change, would only cost you the filing fees. What you both hope to avoid is to involve attorneys -- they just all suck people dry.
2006-10-26 04:39:13 · answer #3 · answered by April 6 · 0⤊ 0⤋
No, you have to do it through the court system and if you live in a state where lawyers can be appointed for you if you cannot provide one yourself, then there really is no costly legal procedure.
Most states will automatically provide an attorney for the child and he/she will meet with each of you and then will make their reccomendation to the courts.
You could also try court mediation and if both parties reach an agreement through the mediator, the mediator will let the judge know and papers will be drawn up. This way neither of you has to step into a courtroom.
2006-10-26 04:37:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If your ex is willing to give up custody then it's rather inexpensive to file for a change of custody agreement provided both sides are in agreement . She would likely agree to it if you bite the bullet and don't ask her for child support , since you have become accustomed to paying this may be a consideration . Also if you present the new custody agreement as the one I mentioned to the local child support bureau they will make the necessary changes to drop the payments you were sending . That's' how I handled it when I gained custody of my son .
2006-10-26 04:42:49 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The easiest solution is to stop paying it. If anyone wants to take you to court, then file a change of venue based on the fact the child lives with you and have the case moved to your location.Don't get me wrong here, you need to stop it so she doesn't try to get the money later or from estate after death. Just trying to draw them out to save you initial fees. Next step is to try to solve through mediation. That should work in all honesty I can't see you going to court when she knows you have expenses and the child now.Besides she risk having to repay this money if she doesn't settle and you'll ask for more. The change has been made and that's solid, don't let her try to pull you back on that it's done!! Good luck!
2006-10-26 04:49:12 · answer #6 · answered by I don't get it 2 · 0⤊ 1⤋
I dont think that you have to go through all of the court things. All you have to do is go to the source who are you making payments to? Is it ORS? Well thats what we have in our state I dont know if its like that everywhere else but all you have to do is tell them that he is living with you now and not your ex wife full time and they will have to take money from her now. My spouse had to do the same thing not too long ago.
2006-10-26 04:39:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Get a hold of the child support agency in your state.
2006-10-26 04:33:40 · answer #8 · answered by wallcritter 3 · 1⤊ 0⤋
You have to call the child support agency in your state to quash your existing order and then set up a new order so you can start receiving.
2006-10-26 04:35:27 · answer #9 · answered by shortcakes_maple 2 · 1⤊ 0⤋
Contact your attorney and get it modified. yes, you'll more then likely have to appear in court, but she should be providing for her son.
2006-10-26 04:33:29 · answer #10 · answered by MarineMom 2 · 1⤊ 0⤋