I am remarried and it's been over three years since we split up. We had a written contract that he had drawn up and signed by a judge, but he only paid me for a month then never paid again. I have never pressured him because I used to work and make decent money but now I have another baby and have decided to stay home. I mentioned it to him on the phone and he asked me if my husband could get a second job! lol I used to feel sorry for him but I am disgusted that he expects my husband is supposed to support his son.
2006-12-03 15:16:03 · 10 answers · asked by Roslyn L 2 in Politics & Government ➔ Law & Ethics
He works for the state, thats why he wanted to settle out of court . so he wouldn't have to pay so much and he didn't want it coming out of his check. He is a correctional officer.
2006-12-03 15:26:46 · update #1
He makes twice as much as my husband and also has a part time under the table business, we live in an apartment, he owns a huge home, has an expensive snowmobile , goes on trips , eats out often etc. I cut coupons, stay home and whats wrong with being home withmy children, I stayed home with his and my son too until he went to school. It was fine for him!!
2006-12-03 15:41:39 · update #2
If your son stays with you most of the time then yes, you can try for child support. They most likely will take into account both of your incomes (you and your ex's) and if you recently quit working the judge can still consider what you *can* make as your income, whether you are actually making it or not. Beware.
2006-12-03 15:26:58 · answer #1 · answered by Pashta 4 · 0⤊ 0⤋
You can file a petition for a child support order.
They look at both of your tax returns for the previous year, two months worth of paystubs, any other dependents the other may have (you won't be able to claim your other child because your husband is head of household), your ex will only be able to claim who lives with him, child wise, if any if he is head of household. Your ex-husband will be reliable to have medical insurance on the child even if your current has it.
You mentioned that you have a order from the court that he pay a certain amount and he hasn't. You can and will get that money back because the burden of proof is on him to show the court he paid it. But you have to mention that he hasn't paid.
The child support could and most likely will be automactically taken out of his check and if he is in the arrearange (behind) and he files taxes you will get the amount he is behind on or the whole thing if it doesn't cover it.
Good luck and I say SO FOR IT. Sounds like a scum bag.
I hope he at least spends time and money on your child. If not then even more the reason to get it.
By the way, it depends on which state you live in if they count your husbands income with yours.
They will take in account that you are married though.
2006-12-03 19:56:19 · answer #2 · answered by LC 5 · 0⤊ 0⤋
You need to file for formal child support. This type of backroom deal clearly is going nowhere and it sounds like the ex is manipulating the situation.
Now, even if you share custody, it could be possible that one parent ends up paying some to the other parent. It might not be much, depending upon the incomes, but it could be enough to support your son.
I can't speak to your state, but I can tell you that in Colorado, a mother with a child under 30 months is normally exempt from working.
Either get with a lawyer or your state's child support department and file the motions.
2006-12-05 13:57:39 · answer #3 · answered by John F 3 · 0⤊ 0⤋
Call the child support enforcement agency in your town. It will be listed in the phonebook, probably with listings for county government.
If you have an agreement signed by a judge he is bound by that and needs to pay. Child support enforcement will hold his responsible for the money he owes you from the months he didn't pay-called arrears. They will garnish his wages and even take away his drivers license to force him to pay. It seems harsh but the judge determined the amount based on his income and the law of your state requiring parents to support their kids.
You should not try to restrict his visitation with your son for non payment of child support.
It's helpful to have his income info (place of employment etc) available when you call. Get a copy of the divorce agreement and child support agreement-they may need the docket number
If you need more help call local law schools and ask if they have a family law clinic-if you don't have the income to pay a lawyer these clinics may be able to help you collect the child support that you are owed. Also consider contacting your local Legal Aid or Legal Services group for free or low cost legal help.
In the meantime, send him a copy of the agreement and tell him that you are going to court to see that it is enforced maybe that will encourage him to pay.
2006-12-03 15:43:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I share custody of my daughter with my ex, but I still pay her child support because most states differentiate between LEGAL custody and PHYSICAL custody.
In California, where we have our orders, they generally order joint legal custody, but then decide which parent has primary physical custody. The parent with primary physical custody (that is, 50.1% or more of the time with the child) would then receive child support from the other parent. Most of the time it is the father paying the mother, although there are many instances where the father gets custody (usually in cases where the mother is a drug-addict or in jail). In some states, child support is partially determined by how much time the non-custodial parent (NCP) has with the child (as they do in California), but other states don't care how much time the NCP has, but sets a base amount using other factors.
In your case, since you drew up an agreement and entered it with a judge, you will need to go back to the original agreement. You should hire an attorney and file a case with your current state (if it's different than the state you were originally in). In most cases, such a contract is legally binding across state lines and you are likely entitled to receive back child support from the time he stopped paying you. If you negotiated an amount, then he will be liable to pay you that amount for each month that he's missed a payment. If there was no set amount, but rather he was to pay you each month based on his income or some other factor, then the courts will ask you for your tax returns to determine how much he owes you, and how much he will be paying in the future.
On a secondary note, your current husband is NOT required to support your ex's child beyond the extent that he supports you as his wife. He is not obligated to provide anything. However, YOU, as the child's mother, ARE obligated to provide for the child's needs and if your husband is expecting you to be a stay-at-home mom, then that's something you and your current husband need to discuss because your ex cannot be penalized by your decision to have another child and stay at home with it. However, you are still entitled to child support for your first child from your ex and if he's not providing it, then you should take him to court over it.
I am currently in a similar situation. My ex got married and had another child with her current husband. He is not obligated to provide anything for my child, only his own, but if he were to ask my ex to be a stay-at-home mom, I would not be obligated to pay any additional child support, only what the court has already ordered. Legally, she cannot quit her job in order to receive a higher child support amount. So in your case, you are entitled to the child support he owes you, and you should seek legal help to get it. However, remember that you also cannot get any extra because you decided to be a stay-at-home mom.
2006-12-03 15:41:08 · answer #5 · answered by caysdaddy04 3 · 0⤊ 0⤋
If your signed aggrement has not changed, then he should still be paying child support, no matter if you got married again. Does not mean it is going to happen. If he never has payed, he probably never will. Unless you get a court order, which is a hastle. My mom has never really payed support to my dad, and most likely never will. Just got to roll with the punches! Do what's best for your kid.
2006-12-03 15:24:00 · answer #6 · answered by Pace 5 · 0⤊ 0⤋
you can still take him to court and get a child support order. The judge will want to see both of your tax returns and then he will decide. This would be worth hiring an attorney for if you can get one at a flat fee.
2006-12-03 15:21:06 · answer #7 · answered by Jennifer D 5 · 0⤊ 0⤋
If you still have your contract with you, you can take it back to court and the judge WILL have him pay you back all that money, and tell the judge that you want the money directly from his check cause you cannot rely on him anymore. YOU DONT NEED A LAWYER FOR THIS!
P.S: You are entile to 17% of his check
2006-12-07 08:10:27 · answer #8 · answered by Christiana P 1 · 0⤊ 0⤋
Yeah.. My aunt had 3 kids and she had them with her most of the time, he only saw his kids every other weekend and they shared holidays. He was ordered to pay child support from the beginning though.
2006-12-03 15:22:13 · answer #9 · answered by Nickey b 2 · 0⤊ 0⤋
Yes, you can still collect child support. You should seek recourse from Family Court. Whatever you choose, best wishes to you and yours.
2006-12-03 15:34:44 · answer #10 · answered by fearslady 4 · 0⤊ 0⤋