My daughter decided to come live with me and my wife. She has lived with us for 5 months and we are planning to obtain custody after she is considered a resident of FL (min. 6 months). My ex-wife has only sent me 2 out of the 5 payments that are taken from my military paycheck. The military will not discontinue taking the money from me until the custody paperwork is changed. Is there anything we can do about the money that she hasn't paid us over the 6 months? If she is a stay at home mother and has min income, will the court require her to pay child support?
2007-12-29 14:36:53 · 8 answers · asked by SK 2 in Politics & Government ➔ Law & Ethics
(We have proof that the child has been living with us for the entire 6 months...besides the 1 week/5 day trip to visit her mom for Christmas.)
2007-12-29 14:43:43 · update #1
My thoughts would be to get it in writing in the custody agreement that the mother pays back what she has received during the time the daughter has been living with you. In the document give the amount owed and a time line in which it is to be paid back.
As far as the mother paying child support I would suggest since she has minimal income and a stay at home mom to let it go and just have her pay back the income from your pay checks.
2007-12-30 05:20:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Child support continues, until custody paperwork is complete thru the courts.. Any payments prior to the court change,you would have to take her to small claims courts, and you would have to have proof ,she has lived in your house for the times you claim.. You Are entitled to recover your payments back if your former wife has not given them to you.. If you become the custodial parent of a child under eighteen years of age, the other parent is required by law to pay child support.. Makes no difference if she doesn't have a job, the courts will rule a disposition against her and she will be ordered to pay.. Child support is based on income, but there are alot of people in jail, because they refused to GET a job and support their children.. Men and Women!!! I would process custody immediately.. Forget about Florida residency laws, the aren't the issue here.. You need to be established as the custodial parent.. Do it as soon as you can!! Good Luck!! SOLOMON
2007-12-29 14:53:32 · answer #2 · answered by solomon 6 · 0⤊ 0⤋
Been down this path myself. You will pay until a court issues another order. Period. End of that part of the story.
I say go to JAG for some help in getting this matter before a civilian Judge ASAP. Your ex will have to agree with the change and sign. After that it is a matter of taking the signed docs to the court and getting them stamped. I did not have to be present. She did not have to be present. Signed docs and my lawyer and Bida Bing it's done. She can drag her feet, change her mind etc etc. She will likely get a Judge pissed if they have to bring your child in because of any problems. Depending on the state you may all have to be interviewed by a social worker too.
2007-12-29 15:22:41 · answer #3 · answered by Stand-up philosopher. It's good to be the King 7 · 1⤊ 0⤋
If she is not the custodial parent, she will be req to pay child support, but it probably won't be as much as you're paying her since it's prorated to a person's earnings. You won't be able to do anything about getting money out of her until you have the paperwork done, then you may be able to get back support if you can prove the child was living with you full time for whatever amount of time she was there.
2007-12-29 14:40:43 · answer #4 · answered by GreenIYD 5 · 1⤊ 2⤋
The court 'should' levey child support on the ex. The fact that she is not working should have nothing to do with it. At the minimum she should have to pay the same amount you are paying. I am afraid you have lost the payments that were not sent back to you. Even if the courts tell her to pay, without a means of income she won't. (scofflaw)
2007-12-29 14:42:44 · answer #5 · answered by canfield205 5 · 0⤊ 1⤋
As it stands now, she has custody of your daughter. As long as she has legal custody, the child support will continue to be deducted from your check.
She still needs to maintain a home for your child until you obtain custody.
2007-12-29 14:51:21 · answer #6 · answered by Anonymous · 2⤊ 0⤋
good luck. if you can't convince your employer to stop the payments to the ex, you are unlikely to ever see that money again. nor is it likely the courts will make her pay towards your child's support. you could of course sue her (small claims court if total amount is under the $1,000 or whatever limit) but is it worth the hassle? write this woman off and out of your life.
2007-12-29 14:46:30 · answer #7 · answered by wendy.bryan 3 · 0⤊ 1⤋
Send the ex a letter stating that you will forgive the payments [she'll never make them anyway], if she relinquishes custody.
2007-12-29 14:56:58 · answer #8 · answered by Anonymous · 0⤊ 1⤋