Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.
