Child support issue, need some advice...Please?

Question

My ex-wife dropped my kids off on my door (11/15/2006) after being divorced from me for two years. I continued to pay child support until July of this year, at the rate of about $350.00 a month even though the kids lived with me all that time. I had just quit my job to start nursing school when my kids showed up. My new wife is keeping us going. I can't afford the $4000.00 to take ex back to court to change the judges order. I finally had to stop paying the $350.00 because as a student, I make 0$ ( My new wife was paying the $350.00 until she changed jobs and we can no longer afford to). I'm just waiting for the ex to get mad about something and have me put in jail for non payment. Legal aide in Ga is a joke, and will NOT help me because I'm MALE. Ex gets the kids TWO days a month and offers no support. I have about 18 months till I graduate and being picked up by the cops would be the end of school for me as my record must remain spotless to be a Nurse. Help!

Had I stopped paying the 350 earlier to save, rather than pay her, she said she would have me picked up. Again there is the whole Nursing shcool issue.

There is a child support recovery office in our area, but they refuse to help me, again because i'm male.

We have joint legal custody, she is the primary guardian, on paper anyway.

Child support recovery says, "it's not our place to modify an existing order, just to enforce it." Mine needs modified and the cheapest attorney i've found in my area is four grand.

Answer 1

Though I am a mother i may can shed some light. My son's father lives in pa i live in VA i filed for support and he said i wouldn't get anything long story short i get it and its short every month. I consulted an attorney free and asked everything i wanted to know cause they charge $2500 plus expenses. As long as you have proof of payment of child support, and that the kids lived with you full time regardless of her visitation, you can go to courthouse and file on your own no attorney and you can also file to get the money paid while the kids were with you back from her because it's illegal to collect under false pretenses. As long as you didn't owe any back child support while they lived with her you should be able to do it. Check around if you can get a free consult and i can shoot you a list of questions, most forms are available on line at the county courthouse site.

Answer 2

Your in a rough but not impossible spot, first call the state not the local branch of your CSA. and find out what they may need as proof that you have had the kids, they may work with you. Are the kids in school, school records are great proof and teachers that may vouch for you would be a good source as well, talk to the people in person and explain your situation, they may even give you a written statement. You will end up going either going back to court, or to a CSA hearing and this info may help. Try and do this asap because they are still charging you support and most states can even take the money from your spouse's pay if you have no income. If you cannot show proof of you having the kids you'll have to pay all back child support owed no matter what, another good reason to get this taken care of soon. Receipts you may have saved usually don't do any good, they consider any monies spent on the kids other then support gifts.
Been here, have now had custody of my kids for 8 years, it was a real mess to get out of the support issue, my wife helped alot, keep on the people, but be polite with them you will get better service.

Answer 3

Is there a child support case through the county? If she ever received any type of welfare benefits, there will be. Call that office and give your names and ask if there is a case. If there is, tell them the situation or request a child support review. This will be done free of charge through the state. Another option is to call the attorney general's office and tell them the situation. You don't have to pay a lawyer to go in front of the judge. And I don't think the $4000 fee you are referring to are filing fees. Go straight down to the courthouse and ask them for paperwork to modify custody and child support. That will get you in front of the judge. Bring evidence showing that the children have been living with you. Good luck.

Answer 4

When child support is ordered they take into fact the mother's earnings- if she choses not to work then they look at her ability to earn ( when there is nothing wrong with them to prevent them from working) They look at the father the same way and then do a break down from there on who has the child the most and estimated cost to that parent Then they figure the percentage of support for each parent- the reason most women don't pay is because the child lives with them and they are already supporting the child- food housing ect...but that is how they come up with how much the man owes. It doesn't have much to do about them being physically or mentally there for the child but financial responsibility.

Answer 5

I do not think it was wise to stop paying without first asking for your state agency to do what is known as an "administrative review" of your income. The best thing to do is first pay the back support. Otherwise, you will have a felony and you cannot be a licensed nurse in that case. You then call the State child support agency and request that they do an admin review to eliminate your payment. You then file a motion with the court to hear your custody case again.

Answer 6

have you tried talking to your ex about this?
and hopefully someone here is an expert in family law and give you some advice... but you're still paying child support? is it that now you have LEGAL custody of the kids, or does she have legal custody just on paper? if she has legal custody, you need to change that asap, as clearly you are the primary caretaker. you might need to talk to a lawyer, or have you tried already? i'm sorry that there is severe discrimination against fathers in the legal system. hopefully there can be a resolution to your problems in a timely fashion.

Answer 7

If the kids are know residing with you then I you to go to Child support NOW and tell them that the kids are with you, you will then be awarded temporary custody until a court date, keep notes because if you have been still paying while they have been living with you, they may make her pay that money back.

Good Luck!

Also see if you can make the mother pay child support.

Answer 8

If the children are still living with you, and have been since 2006 (going to school, etc.), you are considered their primary and custodial parent. She probably owes YOU child support. I would go to your local Circuit Court website for answers. Heck, there's probably a legal section on Y!A that you could ask this on!

Good Luck!

Answer 9

Unless it's different in your state, you don't need an attorney to go to court in regards to support. Everyone's life is dynamic, and things change. There is no way that it is as hard as you say to change this. Even if your wife doesn't cooperate, you still should be able to do something. But I can guarantee you that NOTHING will happen if you stay on Answers instead of going to Family Court.

Answer 10

Take her to small claims court...it's about 40 dollars to file a claim and no lawyers are needed. Bring proof that you have paid the support while the kids resided with you and you should get a judgement in your favor for back child support that you paid. Good Luck.