Asked 10/27/2011
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I have sole legal custody of my almost 8 year old daughter as of 2 years ago. Her father and i share physical custody about equally. Her father does not pay her insurance school costs or court issued child support. Last year he falsely accused me of Last year he falsley accused me of abuse and various other unfounded atrocities. After a mediation with my layer we wrote up an agreement for both parties to sign and settled out of court. He still pays nothing. Recently my daughter has spent a long week with her dad as required as part of our vpcustody agreement and came home upset. She says she doesn't want to go to her father because she is afraid he will try to take her away from me. She says he has been "asking her odd questions and making up his own stories because you know how daddy lies". Her father hasn't had a job that wasn't under the table for 6 years and within the last year and a half has been remarried to his ex wife. Neither of them have income regularly and both have health complaints and prior rumored hard drug abuse. I have a recent raise and promotion at a job I have had for almost a decade. He wants now to modify our child support ruling to make me pay for all cost including school, food, medical etc and possibly try to get support from me. Is that even possible? I fear he is trying to manipulate my daughter to say things that aren't true and is playing dirty again. If he already attempted this before, is there any chance that he could succeed a second time? Also this man has a revoked drivers license and is legally bankrupt being foreclosed on etc. |
Answer 1/4 - Submitted 10/27/2011
As long as there has not been any modivacation in the custody order, meaning your ex having 50/50 joint physical custody, then he is not likely to get child support from you. He may be bankrupt however that has nothing to do with his back child support erarages and current child support order, for he cannot file child support on bankrupcty. If there is a rumor going on that the father and his current wife are doing drugs this would only effect the fathers visitations, if you have proof and file to terminate his visitations because you feel he may harm the child, or be neglectfull. You can enforce his child support by contacting the District Attorneys Office to prosucute the father for his back erarages, he can get up tp 6 months jail-time for non-child support. I would never of signed any agreement with the father even though you went to mediation, if you were not guiltly then I would not of signed. You never stated the terms of the ageement you signed.
Answer 2/4 - Submitted 10/27/2011
The mediation resulted in him backtracking the abuse allegations and both parties agreeing on a list of rules. These rules included bathing her, not speaking ill of the other parent, not doing drugs or drinking in the presence of the child, things of that nature and we had to go in front of a judge and he seemed incredulous that after all the accusations the father was willing to just settle for the signed agreement.
Answer 3/4 - Submitted 10/27/2011
Answer 4/4 - Submitted 10/27/2011
I have to say the same thing I stated before, as long as you and the father do not have 50/50 joint custody he cannot file against you for child support. You are the primary parent the child resides with you four days a week, with the father three, this is not joint physical custody. As long as you and the father are following your agreement then there is no promblem here that I can see, other than the father wants chiild support because he is to lazy to work and thats not going to happen.If the father is talking aganist you to the child, trying to alinate the child from you,drinking or doing drugs and you can prove this to the court you can file against him for contempt of court. So unless one of you have done anything that has been agreed on, then neither of you have any reason to file against each other. If the father tries to file for custody, inorder to file for child support he will have to convince the judge that the childs best interest is living with him. I do not see in anything you have stated that shows me that he has any grounds to file for custody, therefore he cannot file for child support when your the primary parent.
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