my ex-husband owes me over $40,000.00 in court ordered child support.
recently our daughter went to live with him. he has not asked me to pay child support, but i have been buying her school clothes, supplies, toiletries, sport uniforms etc.
at this time i am in a financial pinch and can hardly afford my own rent and bills and am unable to pay for any of her nessesities. i am worried that he will take me to court to pay court ordered child support. also, i am still "legally" the custodial parent, even though she resides with him.
will the court just consider us financially even since he still owes back child support ($40 ,000.00 worth) ?
what do i do in this situation ?
2007-11-15 04:27:38 · 19 answers · asked by lena 1 in Family & Relationships ➔ Marriage & Divorce
You may want to contact your local child support office and a good family lawyer. I do know that no matter what, he is responsible to re-pay that child support.
But my question is, Why is she living with him in the first place?
If it is because you a financially in a bind, make sure that he can not use that you take your child from you permanently. I mean it is good that you are willing to allow him to have a place in her life, but don't give the opportunity to take your child away. Just be sure that what your doing will not bite you in the butt later. Good Luck!
2007-11-15 04:38:36 · answer #1 · answered by sparkling_apple 4 · 0⤊ 0⤋
This is sticky.
1. He is violation of a court order. Contact your Attorney General.
2. You may face fines since you have broken the custody agreement. It does not matter that he hasn't paid, or that you have sent money to him for her support. You are still responsible for keeping your part of the court order.
3. If he files for support, it is likely that he will be faced with what he owes, based on the original court order.
4. FIle against him for the 40 and then send him whatever you want for her care. However, it would be best to contact the AG and find out what steps are necessary to revise the original order. He would still owe the 40, but it may be able to be revised so that it states the party with whom she resides is responible for any future funds for her care. Going forward this would mean that when she is with you, he is not required to provide support, you are. And when she is with him, you are not required to provide support, he is.
At this point both of you can be found in contempt for failing the follow the Courts orders.
2007-11-15 12:41:14 · answer #2 · answered by pj therapy 3 · 0⤊ 0⤋
Well, first of all, the court would have to be notified of the request to make him a custodial and you to pay support. At that time, they would review all your financial just like they did originally in order to set the correct amount. As far as them considering it to be even......they don't work that way. Those monies are still due you. There is not statutory limit on child support payments and arrears are due until they are paid. Just keep your own records and receipts on what you have and are spending on your child. Keep records of visitations and such as well. If there are any phone calls regarding custody, log them and note them. This will assist you if it does go further. But, actually at this time, since the court still recognizes you as the custodial, HE still owes child support to you. So the arrears are still accumulating. Not saying that you can't work, but cover/protect your own self and your child.
2007-11-15 12:40:20 · answer #3 · answered by T 5 · 0⤊ 0⤋
You should have taken him to court a long time ago. Once a person owes $5,000 in back child support it is considered a felony. But right now, I would make sure to keep receipts for everything that you purchase. Why is she living with him if you are the custodial parent? Obviously there was a reason you were named the custodial parent and that shouldn't be changed unless in extreme situations.
2007-11-15 12:32:47 · answer #4 · answered by allieshedron 2 · 1⤊ 0⤋
You need to go to court and get some money from him. If she is living with him, he is the one that should be buying the school clothes and the like so if you are paying for them you probably should still be getting the child support. You need to go in and talk to the friend of the court.
2007-11-15 12:34:52 · answer #5 · answered by Al B 7 · 0⤊ 0⤋
It's amazing the court hasn't already come to get him. I don't think he sue you for support and him owing such a substantial amount himself. But he can sue you over custody. Then he may have a leg to stand on. Best to seek advice from an attorney.
2007-11-15 12:34:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Isn't it sad that a guy can get out of paying child support, but still be allowed to keep his kid. That's wrong.
Since you have custody, that's kinda weird that you let her go live with him, you need court approval for that one.
No, they will probably just take it out of what he owes you if the court thinks its okay to have your kid there
2007-11-15 12:33:29 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Why hasn't the court done anything? Why haven't YOU done anything? It is now a felony in most states if more than 2 months CS is owed.
As for her living with him - YEAP - he can get custody - because he is establishing it and YEAP he can get support. They might just give you a credit for what he owes. But you better get back in court and get everything in writing asap!
2007-11-15 12:32:37 · answer #8 · answered by WhatNext 3 · 1⤊ 0⤋
Get a good lawyer. Hopefully you've documented everything and have proof of his court order to pay your child support and the lack thereof.
2007-11-15 12:30:14 · answer #9 · answered by Kim S 3 · 0⤊ 0⤋
Dont pay and if he trys to take you to court show them that he already owes 40,000. They wont charge you. And chances are the court is oin your side. They normally side the mother.
2007-11-15 12:32:53 · answer #10 · answered by minguspride 1 · 1⤊ 0⤋