In November 2004 my son went to live with his dad as a mutual agreement between his dad and me. I do not work because I stay home with my two smaller children from my current marriage of 13 years. The agreement was that as long as I did not work then I would not pay child support. Well I have not worked however my husband does. My conflict, even though I do not work I have been paying a small amount of child support and paying for my sons school cloths and such things. Now my ex- husband is saying that he is going to take me to court for child support while my husband now of 13 years is fighting in Iraq. Can my ex husband do this to me right now of all times? Please help stressed and deppressed!!!!
2006-11-03 15:59:12 · 16 answers · asked by sambluebaby 1 in Family & Relationships ➔ Marriage & Divorce
Have you got ANYTHING in writting about the agreement between the 2 of you ? In some cases a verbal agreement is just as binding, but you must stay calm.. If you remember the date or around the date of discussion, get to writting it all down.. write it down as best you remember it.. Was some one around when you talked about it ? Have YOU been keeping track of all the money you have been sending or spending on your son ? Reciepts ! start keeping everything ? and on the back of each reciept make note of what it was for.. It is never to late to start keeping better records !! and Yes ex can take you to court when ever... but dont panic, he has to prove that a verbal agreement was not made or that there is reason why he needs support for your son.. such as job related issues, low pay, etc... gather your wits, and witnesses if you have any, and start to plan.. do NOT stress over this, a judge can not take what you do not have.. just keep up dated and precise records of all you do spend on your son !!!!!!!!!!!!!!!! God bless
2006-11-03 16:12:26 · answer #1 · answered by Annie 7 · 0⤊ 0⤋
I think that he indeed can take you to court, but that does not mean that he will get what he is asking for. I don't believe that a judge will award child support from a mother who has two younger children at home that need taken care of while the father is away. I would keep all the receipts from the clothing you buy, the money you give them for things they need for school etc. The best advice I ever got was three little letters C Y A (cover your a s s) I have done that ever since, and it has saved me from some very sticky situations. Document everything, just in case, talk to an attorney, they usually will give you a free consult. Shoot talk to 3 or 4, it won't hurt and you will feel better and will not be so stressed out knowing what your options are. Good Luck!
2006-11-03 16:08:10 · answer #2 · answered by Anonymous · 0⤊ 0⤋
wow , I am so sorry for what you are going through, but unfortunately , he can take you to court. In the eyes of court your husband doesn't have any say since your son is not his, and they cant take child support from your husband either and you don't work you may not have to pay that much or nothing at all. You said you have two smaller children to your husband, if they are not in school yet-- you may not have to pay child support until they start school or you get a job, even then it may not be that much. I would definitely get a lawyer and see what all your options are.
2006-11-03 18:55:07 · answer #3 · answered by ohmygodtwins404 2 · 0⤊ 0⤋
if he did, i dont think that would be fair. He needs to stick to the agreement, as long as you dont have a job and no money to pay child support, you should have to... and if he takes you to court while you current husbands in iraq, thats just wrong. its not fair because you wont have your end there for you. i hope you get this all solved and good luck!
2006-11-03 16:06:09 · answer #4 · answered by snwbordluvr837 1 · 0⤊ 0⤋
I hate to tell you this but your x can take you to court anytime he wants. When it comes down to it your current husband has nothing to do with your child support to your x it's not his child. So as far as the court sees your current husband doesn't equal into the equation's. Bad timing yes but very legal!
2006-11-03 16:06:06 · answer #5 · answered by don b 2 · 0⤊ 0⤋
First, be thankful you are divorced, he sounds like a tool. I would check with your lawyer, or ask someone on your base if this is legal. I think your ex is jealous or is trying to hurt you as much as possible by waiting to do this when your husband is serving our country! What a coward. Talk to a lawyer, and do it pronto.
2006-11-03 16:01:58 · answer #6 · answered by Anonymous · 2⤊ 0⤋
He can but they will order very little. You make nothing. They can't take money your husband makes, it's not his child so it's not his legal responsiblity. I know, I don't work and pay $17.84 a week.
2006-11-03 16:04:31 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Yea he can take you to court. It does not matter where your current husband is. It should take awhile for you to get a court date thou.
2006-11-03 16:05:21 · answer #8 · answered by Chickybabe 6 · 0⤊ 0⤋
Yes, he can. You had the kid with him and you let the kid move out. Now it's your turn to pay child support.
2006-11-03 16:01:59 · answer #9 · answered by janicajayne 7 · 1⤊ 0⤋
See an attorney immediately...chances are your ex is just trying to be an ***...but it's better to consult an attorney and know what your rights are before anything does happen...good luck. Prayers and much thanks to your current husband, you and your family
2006-11-03 16:03:34 · answer #10 · answered by Anonymous · 2⤊ 0⤋