My hubby and his ex- split in 1998 and divorced in 1999. They had a child together in 93. In 1999, at the divorce and custody hearing the custody was given to the mother, the child's name was allowed to be changed to the mother's maiden name, visitation was authorized for my hubby, and ZERO child support was ordered. We never did get any of the visitation ordered as she disappeared with the child, and has not contacted us as ordered in the decree. Ok. So yesterday when we checked the mail, we have a court summons where she is sueing us for child support. I don't mind paying support for the child, but she also wants to be given support from 1998 to current. IS this actually LEGAL since no support was ordered in the orginial and it has been almost 9 years?? Also anyone know of any good attorneys in Hardin county, KY? Court date is Nov 13 (not even a month)
2007-10-21 16:03:13 · 5 answers · asked by carmeliasue 6 in Politics & Government ➔ Law & Ethics
Your husband needs the original court papers stating that no child support was ordered. I don't think she will get anything now from the past years but MAY get it from now on. make sure in court that she understands her obligations also.
2007-10-21 16:19:06 · answer #1 · answered by sensible_man 7 · 0⤊ 0⤋
You would have thought it sould have been here responsability to get the child support then and there or forfit it seeing as there was no disput who the father was or problem locating him
But the truth of the matter is the way court works against the father whe will probably get it. I would hire the best attorney you can get and fight it. Be willing to pay the support that is current but i would fight the rest. It is not reasonable to expect people to incur debt they had no plans for and the person who is asking for it never showed intrest in it.
2007-10-21 16:10:55 · answer #2 · answered by Anonymous · 0⤊ 0⤋
She cannot backdate a Court order. If the initial order was Zero, thats what it is until a further Order is made.
Your attorney should also counter with the lack of visitations and get this clarified. Its a pity you can sue monetarily for refusal of visitations.
Your local Court should have a list of "duty attorneys" from which you could select representation.
2007-10-21 16:17:53 · answer #3 · answered by DavidC 4 · 0⤊ 0⤋
There is a difference on if it is ordered or agreed upon. You can agree and then take it before the judge and they sign off on it. I would think that your hubby would have had to agree to having the name changed, which would put him in a negative light. Also, him not wanting to pay child support at that time would be negative. Not sure of the situation, but if she left without notice to the father, that should help him, but he needs to present how he tried to make contact as well.
2007-10-21 16:13:07 · answer #4 · answered by Cayuseranch 2 · 0⤊ 0⤋
Yes. If you are a non custodial parent, you are sh**. the custodial parent will receive a prize package with your name on it.
Even if the retro-active support is denied, there is always, school expenses, medical insurance, and unreimbursed medical and dental that not have been paid. If she has reciepts likely you'll pay for half those too.
2007-10-21 16:11:15 · answer #5 · answered by Whoa_Phat 4 · 0⤊ 0⤋