Short Story: Together 13 years, married 8 years, seperated in oct 05, divorced june 06, 2 kids (6 and 8), ex has not paid child support. judge agreed to ex not paying, my lawyer said go back later for it. now trying to go back to court for c/s, maybe change custody or at least the parenting schedule. kids with ex every day....i drop them off in the morning, they either go to school or stay with him all day (most of the time with grandma though), and he drops them off with me at 530 every night. Ex gets them every other weekend (or at least his mom does). am i still entitled to c/s and how do i get it? in answer to ur questions, yes i i have a new attorney who appears to finally be on my side since last one failed terribly.
2006-12-29 12:35:54 · 8 answers · asked by zccooper4243 1 in Family & Relationships ➔ Marriage & Divorce
Well, the judge decision was based on the fact that the father has them EVERYDAY almost the entire day!!, Child support is for food and clothes and other necessities (including child care) the kids have, OBVIOUSLY he is giving them food while they are with them and is taking care of them while they are with him no matter if the grandma is taking care of them. What else do you want??? FOR GOD SAKES!! even if you don't like the decision of the judge he did what it felt right at that moment.
2006-12-29 12:43:38 · answer #1 · answered by fun 6 · 0⤊ 0⤋
Nope, no child support when custody is 50/50 like that. The ex's lawyer evidently knew what he was doing there. As far as c/s goes, it depends on who the primary parent is or if you did a 50/50 split with the custody. If you are the custodial parent and he has visitation, then there may be hope for the c/s, but not if he has the kids half-time. It is not healthy for a kid to bounce around like that. They need security and stabilty. I would get them their own representation, free, from the court so that their needs are represented and they get what is best for them, rather than having a tug of war with dad. What a rotten way for a kid to grow up. I would lose my mind. I hope new lawyer is better than your last. The person who gets custody first is the one who wins. It is hard to change an order once it is in place. Any idiot (and hopefully the judge) will see that these kids are getting juggled like a circus act. Some stability for them please. Best of luck.
2006-12-29 20:45:34 · answer #2 · answered by whereRyou? 6 · 0⤊ 1⤋
If you are the custodial parent then yes you are entitled to child support. I don't understand why the judge did this to begin with, but he was wrong. Here in WV we have a Child Support Enforcement Program. Contact your Department of Health and Human Resources Dept. ask them about child support. It will probably make a huge difference since the judge didn't order it, but they can tell you how to go about changing that. As for attorney's, well they basically suck (its been my misfortune to find that out). If you do get cs established then the cs enforcement dept. will make sure he does pay by either garnishing his wages(if he quits his job they will take his house, car, whatever he has) if a certain period of time goes by and he doesn't pay they could also take his drivers license, fishing hunting license, etc. If the amount that is overdo gets to a certain amount he could even find himself in prison. Go on-line and look up the guidelines for your state. here it was only 15% of his gross pay but that might have changed. Good Luck it sounds like you are going to need it.
2006-12-29 20:50:12 · answer #3 · answered by angel1 5 · 0⤊ 0⤋
YOU have never been entitled to child support. Child support is for the CHILDREN, not the custodial parent. Yes your CHILDREN are entitled to child support. The only way I know of getting it is to go to court and file for it.
2006-12-30 02:14:39 · answer #4 · answered by Anonymous · 0⤊ 0⤋
well, it seems like the two of you share custody 50/50, so you wouldn;' be entitled to child support. why should he have to pay if he takes care of them anyway?
2006-12-29 20:41:39 · answer #5 · answered by redpeach_mi 7 · 2⤊ 0⤋
If he has them that often, I don't know that your entitled to child support. It appears he has them as often as you do.
2006-12-29 20:43:27 · answer #6 · answered by ? 6 · 1⤊ 0⤋
you will never get child support if they are with him all day everyday...what are you thinking...get your attorney working on this....the kids need more stability...a switch back and forth daily is not a good thing for them....good luck
2006-12-29 20:43:52 · answer #7 · answered by Anonymous · 0⤊ 2⤋
apply for state aid and i assure you they will collect it.
the feds are real quick about collectin money owed to them.
2006-12-29 20:40:25 · answer #8 · answered by Anonymous · 0⤊ 0⤋