I recently married the father of two. He and ex have joint custody. Children lived with mother until son moved in with us a year ago. They mutually (verbally) decided he no longer had to pay child support because one child lives with each parent. If this went to court as a modification request, is this a valid argument? When ex is in a bad mood, she threatens to go to Support Enforcement.
2007-02-05 17:17:50 · 8 answers · asked by Curious in Oregon 1 in Family & Relationships ➔ Marriage & Divorce
If the child that still lives with her is under 18,
then 'YES' he is supposed to 'still' pay child support for her.. But not for the son who lives with you guys..
If the Ex did get mad enough she actually could
get all 'back' child support..
Now here's the 'GOOD NEWS', if they have 'joint' custody and made a verbal agreement he didn't have to pay 'any' child support, then he could do the exact same thing with her.
He could actually file to get child support for the son who lives with you (from his Ex) if she is working.. Things have changes immensely
when it comes to support and custody.
Women don't get off as easy as they used to,
and often have to pay child support too..
Next time she threatens him with 'Support Enforcement', tell him to tell her, he's getting some legal papers drawn up which she will have to sign, stating the fact she has released him of having to pay because of the circumstances.. If she doesn't like this idea and gets mad, he needs to tell her he'll see her in court and sue for child support for his son!!
Women like her are what give the rest of us gals a bad name..
But he sure needs something in writing concerning their agreement..
2007-02-05 17:53:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
absolutely have your support agreement modified otherwise you will be facing a huge arrears payment. past due amounts do get finance charges attached and you should never take an ex's word for anything. as you already know she is capable to threats and can follow up and win anytime. i know, been there and repayed that. he should be paying to her for the child she is raising and she should be paying you for the child you are raising. even if it is a wash. this way neither child will ever feel the other parent did not support him/her.
2007-02-05 17:26:23 · answer #2 · answered by jezbnme 6 · 0⤊ 0⤋
Forget the verbal agreement, if it is not in writing, it will never stand up in Court. You have to protect yourselves, because people change like the weather, as you have already discovered.
2007-02-05 17:24:20 · answer #3 · answered by myleshunt 4 · 1⤊ 0⤋
If the child is living with him he doesn't have to pay on that child but will have to pay for the one still leaving with the mom.
2007-02-05 17:21:24 · answer #4 · answered by betty_htch 5 · 1⤊ 0⤋
no, he doesn't have to pay a dime if he has 1/2 custody. If he had full custody she would have to pay him. Since they have half... neither pays. Fair is fair for both man and women. He should tell her that she should pay him... that arguement goes both ways
2007-02-05 17:24:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
they should have put it into writing. courts have a hard time believing verbal understanding. ask your husband and his lawyers to make a black and white and make his ex=wife sign the agreement.
2007-02-05 17:24:25 · answer #6 · answered by biboy1437 1 · 0⤊ 0⤋
as an expansion on that answer
mom will have to pay on kid with dad if dad has to pay on kid with mom
which really should negate
2007-02-05 17:24:54 · answer #7 · answered by squeaker 5 · 0⤊ 0⤋
get things signed
2007-02-05 17:21:36 · answer #8 · answered by -------- 7 · 1⤊ 0⤋