If my Child Decides to Live with his Other Parent, Do I Need to Pay the Child Support she was Once Paying to me?
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Summary
My husband and I have raised his 2 sons for the last 14 years and their mother was ordered to pay $50 a week and to pay half of their doctor bills. The boys are 17&15 right now and the youngest wanted to move in with his mother, so we let him and my husband didn’t want to get into trouble so we give her the $50 back every week. My husband still has custody of him so my question is, Do we have to keep giving her the money? I would also like to know if she does get a lawyer, Would we have to pay her back the money from the time he moved in with her? |
“My husband and I have raised his 2 sons for the last 14 years and their mother was ordered to pay $50 a week and to pay half of their doctor bills. She has never paid any of their bills and child support recovery took the $50 from her pay check and sent it to my husband for the last 8 years. The boys are 17&15 right now and the youngest wanted to move in with his mother, so we let him and my husband didn’t want to get into trouble so we give her the $50 back every week. My husband still has custody of him so my question is, Do we have to keep giving her the money? She was suppose to get a lawyer and have custody turned over to her 6 months ago and makes no effort to go see a lawyer but continuosly asks about the money. I would also like to know if she does get a lawyer, Would we have to pay her back the money from the time he moved in with her? I have receipts from the money orders I have given her for the last 6 months.”
I am not sure why you would want to withhold the support of the child from the parent who is actually caring for the child. Give her the $50 you agreed to give her.
And if you do go back to Court, it is possible that you will be able to keep the $50 for all the months she failed to get the modification. The attorney fees, lost work time and lost good will due to cooperativeness will far outweigh the numbers of $50 you kept, and she may just get a reimbursement of her attorney fees for all the trouble you are causing over $50 a month. I know if I was the judge, I would certainly exercise my discretion in any way that I could against the bad actor here because of the petty nature of the dispute and who was in the best position to stop it from ever needing to reach the court room.
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For more on this subject check out these categories: Child Custody, Child Support, Family Law
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.