Oh and the Ex is moving back in too. Oh the pain.
2007-05-17 05:17:03 · 21 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Well, custody and child support are actually separate I do believe.
I have heard of a guy getting custody of his child, and then his wife suing him for not paying child support, lol. Makes no sense.
However, you said that your ex is moving in with you too....sooooo....I don't know what you would have to do. I would think that you are going to have to go through court to know for sure....and to make sure nothing goes sour and your ex screws you later on down the road...
2007-05-17 06:42:42 · answer #1 · answered by jezyka 5 · 0⤊ 0⤋
Although having your daughter live with you is a reason for child support payments to stop - and perhaps for your ex to begin paying child support - in most states this is not automatic. You probably must file a motion to modify child support. Child support law is state specific. Pls. see http://www.childsupportweb to find out more about the child support laws in your state.
2007-05-20 19:16:18 · answer #2 · answered by Jimmy Verner 2 · 0⤊ 0⤋
Unless the court order for child support allowed for this change, YES you are still legally obligated to pay child support. A easy cheap possible solution is: To get your ex to sign the copies of following statement and have all copies witnessed by a notary.
I, __________________________, on this _____day ________month, __________year. Realizing that __________________ daughter will be living with her mother_______________, give up all rights to child support payments.
_________________signature
_____________________notary
Keep one copy yourself.
Send one copy to the agency responsible for collection of the payment.
give one copy to your ex.
I do not know why you would allow your ex to move back in with you, but you are an adult and its your life. Surely if you do not plan on starting a new relationship, there has been an agreement upon a date in which he will move out.
For some reason, I have a gut feeling you are creating some nasty future problems for yourself with the ex moving in with you.
2007-05-17 12:46:35 · answer #3 · answered by oldcorps1947 6 · 0⤊ 0⤋
Um, you gotta go to court to get the payments to stop. Good for you if you were able to work things out. Even if your ex says she doesn't want it while living with you, the courts in most states charge interest on unpaid child support. Check with a lawyer for your states rules.
2007-05-17 12:30:42 · answer #4 · answered by Rav 5 · 0⤊ 0⤋
Obviously the two of you have discussed this...including who is paying what percentage of the household bills. If the ex is contributing to rent, and still buying the daughter's clothes, etc., then yes you'd probably still pay support. If you're going to be supporting them both, then no.
If you don't get a legal agreement, I recommend continuing to pay the support, but get payment for "rent/utilities," that keeps it straight.
2007-05-17 12:20:23 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Yes, the payments stop. If the child is living with you full time and you are the custodial parent, there is no child support.
2007-05-17 12:19:48 · answer #6 · answered by Brandy B 4 · 0⤊ 0⤋
Actually, it depends upon the state.. When my dad divorced his second wife, he continued to make child support payments and alimony, sent to the court, then they sent it to her --- probably a PO Box.... even though she and the kids moved back in --- for another 8 years. She even continued to work for him at his office, but they remained unmarried. For those 8 years, she stashed the cash, and one day, she left the office early. She and her friends hired a van, loaded up all the furniture she wanted, and moved to a house in another state that she had paid for out the the $$ that he paid to her through the courts for 8 years.... He was clueless!!!!!
2007-05-17 12:24:05 · answer #7 · answered by April 6 · 0⤊ 0⤋
Consult with a lawyer!!!!!!!! Everything may be fine in the beginning but what if the two of you have a falling out and she goes to court and states that you are in arrears for non payment?? Find out what your options are especially if its a court orderd child support. Its better to be safe than sorry!
Also document everything.....
2007-05-17 12:27:52 · answer #8 · answered by Noire 3 · 0⤊ 0⤋
You have to be sure that the court is aware of it. They will have to have written statements from you and your ex on file, then they will file a motion to dismiss the child support obligation. If you don't report it, then she could go back later and say you weren't paying and you could be held responsible for back support!! Cover your tail!!!
2007-05-17 12:22:47 · answer #9 · answered by Kailey 5 · 0⤊ 0⤋
I don't see the point of paying child support if they're going to be living with you. Why is she moving back in if you're obviously not okay with it?
2007-05-17 12:24:23 · answer #10 · answered by #1 Lucy Fan 4 · 0⤊ 0⤋