the 2 of them have never gotten along. She also has a new BF that is not much older than the son and the 2 of them clash badly. She sent him here with the clothes on his back and that is it. Here is the problem. My husband contacted Child Support enforcement and let them know that the son was dwelling with us and faxed them paperwork from his school showing that he was indeed enrolled in school here. OCSE them mailed the mother a form to sign to stop child support and SHE REFUSED TO SIGN IT AND STATED THAT AS LONG AS THE COURT ORDER SHOWED THAT SHE HAD PHYSICAL CUSOTDY SHE WANTED THE MONEY. Unbelievable, I know.We do not even want support from her.We just want to stop paying her. My husband and I went to an attorney who wants 3 thousand bucks just to change the court order. In our state the age that a child can choose which parent they want to live with is 14. OKay, so here is my question. Isn't there an easier way to go about having this court order modified since he is living with us
2007-10-30 12:14:25 · 9 answers · asked by whatshername 5 in Family & Relationships ➔ Marriage & Divorce
By the way we live in Georgia..if that helps.
Someone told me to have our son sign an affadavit and take it to the courthouse and have it filed. That seems too easy. Anyway.....any help or advice would be appreciated. Our son deserves this money....NOT HIS MOTHER! She will not accept phone calls or emails from us regarding this. She just tells the son that my husband OWES her this money whether the son lives with her or not. It is an unbelievable situation.
2007-10-30 12:19:23 · update #1
The answer to this question is very simple why cant you go to court and show them proof that this child lives with you at the present time. The mother refuses to sign the papers go before the court and let them handle her she can not get money that she is not entitled to for this child. i don't care what the court order stated its change the minute that child came to live with you .
Best of luck
best of luck
2007-10-30 12:28:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Forget the lawyer, file in court yourself. Do your homework. It's not that hard to file yourself. This is a clean cut case for a judge. But what ever you do don't stop making the payments. I know a gal that went after more money from her husband but one of the two children had moved in with him. When the judge heard this he ordered a stop on child support. $3k to file that is way high you might even ask another lawyer or two. Act broke don't go there in a new car dressed nice If he thinks you have money the price could go up. Good Luck
2007-10-30 19:22:02 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I would first call the OCSE and see what they say is your next step. Then I would contact another lawyer I think 3,000 is a little to much for court cost. See what someone else says.
i wish you the best of luck and i agree with you that if doesn't have the son living with her she shouldn't be paid child support.
2007-10-30 19:31:21 · answer #3 · answered by aque_fairy 1 · 0⤊ 0⤋
I don't think so. I think it would be best if you legally changed this. The three thousand dollars is nothing compared to the heartache all of this fuss could cause if not taken care of, not to mention you will probably pay far more than that over the next 4 years (until the boy turns 18) in Child Support you may have to pay her.
2007-10-30 19:19:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I am not a lawyer but was the court order also from Georgia? This is a sad situation and I only wish you and your family the best. I don't know how much this will help but try this website, you can ask legal question for free.
www.LawyersLegalLaws.com
2007-10-30 19:29:09 · answer #5 · answered by 20+ years and still in-love! 4 · 1⤊ 0⤋
wow, she sounds like my husband's ex-wife.
i live in california, but i don't think the laws are too different. you should be able to go to the courthouse with the affadavid signed by ur step-son, and that should take care of it. i know that sounds too easy, and maybe you guys will have to do more after you file that, but i'm pretty sure that's at least the first step. if your step-son is old enough to choose who he wants to live with, and has chosen to live with you and his father, the courts won't fight that, no matter what the mother says or does. good luck!
2007-10-30 19:27:56 · answer #6 · answered by Kristabella 2 · 0⤊ 0⤋
You can try to see about a legal aid attorney and you may get help that way. If you have been paying that money for the 13 months that the boy was with you, you may also threaten her with fraud for taking the money even though the boy was not with her. If your husband is paying that himself and it is not taken from his check, stop paying it and she will have to go to court to get it .
since child support is based upon income you may also just go to the child support enforcement office and explain everything to them and they may be the ones to go to court and do something about that.
If the support is taken from his check, you may even be able to go to the prosecuting attorney there and see about fraud charges against her. Good Luck to you!!
2007-10-30 19:39:40 · answer #7 · answered by Al B 7 · 0⤊ 0⤋
In my experience, not without hiring a lawyer. Trying to work through the system in order to get their "free" assistance will take forever and ever and ever and ever.
2007-10-30 19:20:35 · answer #8 · answered by Lulubelle 2 · 0⤊ 0⤋
well look like she is a queen of all bitches i mean using her son AGAINST yall what an *** just try to look up a judge at your area and see if yall can change it if not then sew
2007-10-30 19:27:15 · answer #9 · answered by Jasmine D 3 · 0⤊ 0⤋