If I share custody with my ex can I still collect child support for my son?

Question

we split up over three yrs ago, he had a contract drawn up and signed by a judge to pay, he paid for a month then never again. I never pressured him because I used to work and make decent money, I recently had another baby with my new husband and I wanted to stay home, so I mentioned it to him about paying me something and he asked if my husband could get a second job! lol

He is the one that wanted to make the contract with the court because he didn't want to pay the full amount. He made triple what I did last year!

He doesn't have him exactly half the time, he works nights so my son is actually in my home more even if he is sleeping, and when I was working it could only be around his schedule because he worked nights. and someone had to have him at night and get him ready for school etc.

I AM NOT ASKING FOR BACK SUPPORT, I JUST ASKED HIM TO HELP ME OUT FOR AWHILE.

Answer 1

file with the local DA and they will go after him for free_

Answer 2

I had the same kind of contract with my ex. We had joint cusyody. What the judge ordered us is, (because at the time we both worked) when he had our daughter I paid support, not as much as he did because he made a lot more than I did, and then when I had her he paid. Once I got remarried and quit working I ask for the child support issue to be revisited and it was increased. My new husbands salary had nothing to do with the support, just the fact that I quit working and of course the normal cost of living increase.
I'd call an attorney and see what they have to say about it because each state is different. Most will give you a free consultation,
Good luck.

Answer 3

Please check the laws pertaining to your state.
In my state (Tennessee) the parent with physical custody of the child is entitled to child support.
My ex-husband and I share joint custody of our 3 children, but I retain physical custody.
If you were married check your divorce papers. If child support was ordered by the court, he is required to pay it.
If you were not married and he if listed as the childs father legally you should be able to obtain child support assuming you have physical custody.
If you equally share physical custody of the minor child I would be suprised if either of you could receive chld support.
You say your ex had a contract drawn and signed by a judge. Usually that in itself is legally binding.
It doesn't matter that your never pressured him before, actually you shouldn't have to. You are legally entitled to all back child support payments. It doesn,t matter why you need it now, your child is entitled to support from his/her father. All that's really important is that the child is taken care of. "Judgement Call" if the father really loves the child he'll make sure it doesn't go without what it needs if it's in his power to do so. Check with your local child support enforcement agency, they should be able to answer all your questions.
Check the laws in your particular state.
I hope this helps.
Taw

Answer 4

If you share custody, then nobody can collect child support. Only the custodial parent can request child support, and if neither one of you was appointed the custodial parent in court, then you have no right to it. If your ex has your child part of the time, then he is taking care of him for that part of the time and owes you nothing. What do you expect him to do? You want your ex to fund your stay at home mom plan?

Answer 5

there are ways as long as the custody is not joint 50-50
You need to call the court house and find out how to contact the support enforcement division in your area and then you turn it over to them they will automatically withdraw money from his paycheck before he ever gets it if he has a job if not then you would have to file contempt of court charges against him to force him to pay sorry that i could not be of more help but i don't know how it works in the state that you are in ,,,, i know that in oregon where i live you can be put in jail for unpaid child support,,, anything over 5000 dollars will lose you your driver's liscense and anything over 7000 dollars can get you time

Answer 6

Your ex husband is NOT responsible for your financial situation now that you've had a child with your current husband. You CHOSE not to go after your ex for child support in the beginning and I doubt the court is going to order him to pay it now since YOU decided that you didn't need it and basically went against the court in the first place. The court isn't going to make your ex pay now because you WANT to stay at home now after having another child. You should have thought about your finances with a new baby BEFORE you got pregnant again. That is all YOUR responsiblity now.

Answer 7

if u share joint custody 50/50 he doesnt have to pay u anything, unless he makes an excessive amount of $ more than u, but now u are remarried and u choose, the key word here is choose to be a stay at home mom that's on you...he shouldnt have to foot that bill.

Answer 8

If you have more parenting time then your husband, it doesnt matter how long ago you were divorced, or if your married or not, he has to pay you child support to help with his child.

Answer 9

you are still owed child support even though you are remarried. Also for the support he has not paid up til now.

Answer 10

yes you absolutely can and it doesnt matter WHY you need hte money now more than before he should feel lucky you didnt push the issue sooner, if he refuses you need to tell him you will sue for BACK support also

Answer 11

Only the judge decides that. See an attorney.