My son lived with his mother primarily with liberal parenting time for me. He is 17 yrs. old and will be 18 in May. Since September of last year he has been living with me. Friend of the Court has recommended child support be stopped (me paying her) and that she owes me child support paid to her from the two months that he lived with me and child support was still paid to her. Her Attorney is stating in court that I am still responsible to pay her child support even though he lives with me. Could this be possible? I am going with the Friend of the Court recommendation and now have to go back to court for this to be heard.
2007-02-21 07:02:16 · 16 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
it is possible, if you make more money then she does (for in most states the support goes by both parents incomes). or if you owe arrears, you have to continue support til its paid off in full.
also, in some states, if your son goes to college, trade school or past high school, support can be ordered for another 4 years.
2007-02-21 14:58:38 · answer #1 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
This is how it went down with my ex and myself. I was out of work and nearing the end of my unemployment insurance, and was in the midsts of having to fine less expensive living arrangements. So I sent my daughter to live with her father temporarily (something SHE fought tooth an nail about) so that she could continue her education. He had to continue to pay me child support because I was maintaining the home for my daughter although she was not living here at the time, the custody orders were not changed, I was the custodial parent. She returned home six months later.
I don't know your situation, whether it is temporary or if you have been granted custody of your son. If your ex is still custodial parent then yes YOU still have to pay her child support for her to maintain the home for your son. The only way you can avoid paying her support is if the custody orders are changed which will indeed require a visit to the court.
2007-02-21 12:12:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
OK, this can't be right...believe me I have done my share of fighting for support from a deadbeat and this sounds nuts! The support goes to the child! That's why it's called child support, right? The $$ should go where the child is, just make sure that you have primary custody. With the age I don't know how much longer that applies though.
2007-02-21 07:20:25 · answer #3 · answered by tracy042972 2 · 0⤊ 0⤋
Let me clear up one thing - Child Support is for the CHILD - not his mother. Since he is 17 and living with you, I would put the child support amount in the bank in a joint account with him and turn it over to him when he is 21.
You need to go to court and get the child support changed. She should now be paying you her share of his expenses. You also have the right at that time to make it retro to the time he moved in with you full time.
Bring paperwork that proves he was in your household during that time.
2007-02-21 07:15:27 · answer #4 · answered by Collette L 6 · 0⤊ 0⤋
If you owe her a back amount you still have to pay it BUT if you we're and are current with child support payments you should NOT be paying her a cent!! I know this because my ex was paying me child support and when we agreed to let our son spend one school year with him...we had the support payments suspended until I got him back. I refused to pay him support because he had not always been in my son's life as he should and we agreed that no one would pay support for that school year. Take her back to court and get those payments stopped.
2007-02-21 07:19:53 · answer #5 · answered by Mean Carleen 7 · 0⤊ 0⤋
Why should she get money for a child, that is not with her. Now if she is paying for medical insurance for the child, or paying totally for all his clothing and etc, then yes you should still pay, but if she is doing nothing and you are paying for it all plus child support, then that is wrong.
I wish I could be so lucky to just get child support for my son.If I was you I would go to court and let the judge decide. Good luck to you...
2007-02-21 07:12:35 · answer #6 · answered by lynda 5 · 0⤊ 0⤋
You need to go back to court ASAP, if the child is living with you then she should be paying child support. You can get that from when he started living with you if you have proof. Also try google put in the state you live plus child support you should be able to find guideines on it.
2007-02-21 07:22:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No, you shouldn't have to pay her any money if your son lives with you. Expect, if you owe her any back support then maybe you could be able to delete the few months then on what you owe her. Otherwise if you don't owe any back support then I would forsure fight for her to pay. Good luck!
2007-02-21 07:19:51 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If your son is living with you, you are supporting him. Why should you pay her to support him? Tell her you'll write a check for child support if she signs the check back over to you.
2007-02-21 07:11:18 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yes, take her to court, get your child support order modified, showing physical custody has changed, and the court will modify
2007-02-21 07:12:13 · answer #10 · answered by Cute Stuff 3 · 0⤊ 0⤋