so my exes wife called and said their son can move up here next school year, now today she said he can opnly move up her eif child support continues....is this even legal? we already pay support all summer while he is here with us....what do we do about this? also we live in a different state then them and the original order is in a different state all together....where do we start, he wants to move here, we want him to move here and she has said he can, does anyone know of the proceedings we need to embark on?
2007-10-17 10:47:07 · 22 answers · asked by KrIs 4 in Family & Relationships ➔ Marriage & Divorce
my husband only owes around $400 and he is not trying to get out of that by any menas, it just doesn't seem right to pay support when we will be supporting him here in our home,,,,hope that makes sense
2007-10-17 11:21:53 · update #1
1. No this is not legal. It is not legal to sell or buy children in the United States.
2. Child support is paid to the custodial parent. If she has the child, then the money is paid to her to take care of the child. If you have the child, then she must pay the money to YOU for child support.
3. It is uncertain why the child support went to her during the summers while the child is with you. You can sue her for back support if she was taking the money without the child being there.
4. Does your husband owe back support? Sometimes this is paid on a continuous basis to even out the payments. Keep track of every penny- save every receipt.
5. Since the situation seems complicated, and she seems to want to be paid for the child not being there, consult a lawyer.
This is illegal.
6. Does your husband owe alimony payments? In this case, the alimony itself should continue. Go see a lawyer to make sure that the payments are ONLY according to the alimony schedule and not combined with the child support.
Good luck... take care... it will sort out..
2007-10-17 11:18:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
She can not get any more money then what the judge already finalized and besides that I do not see where she gets off thinking that if he comes and stays with you! That you would have to pay more money if anything else I would ask to have the money reduced while he is staying there with you and your husband,But if your husband already pays a certain amount each month for back child support then get a lawyer or take her to court and tell them that the boy is coming to live with you and you will be his provider and that you would like to have the payments reduced!
2007-10-17 10:56:14 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Don't let the kid come to stay and pay support without getting something in writing, and make sure it's notarized, or a legal document. If you have that kid, especially in a different state and don't return him, she could have you arrested for kidnapping if she gets mad. And as far as paying child support while the kid lives with you...tell her no way. It sounds to me like she doesn't want the kid...just the money. If you tell her no one of 2 things will happen. Either things will stay the way they are, or she'll want rid of the kid bad enough to let him come even if you don't continue the support. Also, go to your local domestic relations office or attorney for advice...depending on the kids age, he may be able to decide for himself where he wants to live, and if he picks you, and the judge grants you custody, SHE WILL BE ORDERED TO PAY SUPPORT...NO MATTER WHAT!!!
2007-10-17 10:53:47 · answer #3 · answered by mazey1967 2 · 2⤊ 0⤋
I dont know the laws in ur state but i would talk to a lawyer.
I think who ever has the child should get the child support. So if u have been paying it and he moves with u then u shouldnt have to pay the other parent when the child isnt even there.
2007-10-17 10:52:22 · answer #4 · answered by Anonymous · 0⤊ 0⤋
So many " EX " wives think of child support as a form of alimony ..... I Live in Fla and divorced in Mich. when my son come to live with me when he was 7 ( now 25 ) his mother wanted the same thing ... so she took me to court and asked the Judge to allow her to continue to recieve child support even though my son lived with me. The Judge not only made her pay me child support .. but increased the amount she had to pay. I put all of the money in a college fund for him.
2007-10-17 11:02:58 · answer #5 · answered by iyan46 1 · 0⤊ 0⤋
from experience...if divorce/child custody was filed in another state,usually get attorney to file a hearing on your behalf changing the custody of the child to you and they will be paying you for child support . dont mention this to the other party let attorney get them by surprise be sure the child is living with you first. hope this helps . good luck , enjoy the time with child they grow up too fast!!!
2007-10-17 11:01:18 · answer #6 · answered by b.johne k 5 · 0⤊ 0⤋
If the child is living with you she cannot make you pay child support. Talk to a lawyer. Once the child arrives you can stop support and file for custody of him in your state. You could gain custody and never have to pay her again.
When my husband made his agreement, he was in another state, he paid his ex when the girls were with her and in the summer she had to pay him.
Good Luck
2007-10-17 10:54:25 · answer #7 · answered by mn lady 6 · 1⤊ 0⤋
If the child is going to stay on a long term basis, your husband might want to go for Custody and collect child support from her or maybe joint custody. Talk to a Lawyer and see what are your options.
2007-10-17 11:01:31 · answer #8 · answered by Mariposa 2 · 0⤊ 0⤋
you need a lawyer how old is son if he is like 13 up should be easy court must change guardianship and no it is not legal to make you pay if he lives with you in fact when you go to court you will probably get child support good luck
2007-10-17 10:52:07 · answer #9 · answered by furmanator1957 4 · 1⤊ 0⤋
you need to talk to a custody lawyer pronto. sounds like you will need to challenge the custoday order. if it is in another state that maybe a problem.
if i were you i would contact some local lawyer's offices and see if you can get a consultation, last time i needed a lawyer the one with the free consultation was the best in the city too :)
but when it comes to custody issues you should always seek the advice of a professional.
2007-10-17 10:53:10 · answer #10 · answered by Robert W 1 · 0⤊ 1⤋