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Ontheroad · M
If the father is the custodial parent and the child actually lives with him the majority of the time, then no... not in any state.
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Justmeraeagain · 56-60, F
@Ontheroad They told my son he had to pay off the back child support he owed but once that was paid off he would not have to pay anything.
sweetiepoo · 36-40, F
@Ontheroad thanks a buch.
Ontheroad · M
@sweetiepoo you can go to justia.com and lookup more of the law.
LeopoldBloom · M
The non custodial parent should pay child support.
sweetiepoo · 36-40, F
@LeopoldBloom You would think, but that isn't the case. A group of us are trying to find a good lawyer for him.
LeopoldBloom · M
@sweetiepoo I'm saying that's how it should be. I'm aware that it doesn't always work out that way. Co-parenting of course is different. He definitely needs a good lawyer.
HannibalAteMeOut · 22-25, F
Wouldn't the right thing be that SHE pays child support?
sweetiepoo · 36-40, F
@HannibalAteMeOut exactly, that is what no one understands.
HannibalAteMeOut · 22-25, F
@sweetiepoo yeah it's not a gender thing, it's a parent thing. Isn't it legal in the US for same sex couples to adopt/ have children in any way? How does it work if they break up then? If they are two men, both pay? And if two women, no one does? It just doesn't make sense.
sweetiepoo · 36-40, F
@HannibalAteMeOut It doesn't make any sense at all.
CestManan · 46-50, F
Seems the only real answers one gets to something like that is either on forums where they just bicker endlessly about legal junk OR on attorney websites where they try using scare tactics to get clients.
But it is like, if someone cannot pay their debts, how are they going to afford an attorney?
But it is like, if someone cannot pay their debts, how are they going to afford an attorney?
sweetiepoo · 36-40, F
@CestManan It's tough.
Why would he? He is doing all the paying already.
sweetiepoo · 36-40, F
@canusernamebemyusername He is indeed. It is a headache.
Adstar · 56-60, M
Child support.. Probably not..
Alimony.. Maybe?
Alimony.. Maybe?
Thevy29 · 41-45, M
Good question. I dunno. My brother was still forced to pay child support even when his only kid was living with him and the mother never spent time with the kid. I think he took the case to court though I'm not sure of the details of what he did to get a stop to that. Took him 4 years to resolve the issue.
sweetiepoo · 36-40, F
@Thevy29 wow.
Justmeraeagain · 56-60, F
If he owes back child support yes, he still has to pay it, but once it is paid off he is no longer required to pay .
I know this, because my son has custodial parental rights.
I know this, because my son has custodial parental rights.
sweetiepoo · 36-40, F
@Justmeraeagain hmm. thank you. I'll ask him about it. To my knowledge, he doesn't own back child support.
Justmeraeagain · 56-60, F
@sweetiepoo then I can't see how he would owe anything.
Mother of my granddaughter was still collecting benefits even after she wasn't the custodial parent and I know that's not allowed
Mother of my granddaughter was still collecting benefits even after she wasn't the custodial parent and I know that's not allowed
WhateverWorks · 36-40
It might be an issue with the parenting plan being out of date. Unless a judge agrees to a 50-50 custody arrangement, which is pretty rare, the primary receives child support. Even if he has his kids 40% of the time she would still get child support for on paper having them 60% of the time. It also might be that he’s paying backdated child support from when she was the primary custodial parent.
sweetiepoo · 36-40, F
@WhateverWorks I don't know all the details. I only know so much.
WhateverWorks · 36-40
I see. Well, the answers to your questions would be in the parenting plan they agreed to when the divorce happened. your partner should have a copy. Custody may have been granted to her automatically and he didn’t contest it. You don’t really need a lawyer though. You go to the courthouse to request a hearing to update the parenting plan and bring all your documentation showing that the child is living with you, going to school by your address under your guardianship etc. receipts for food and clothing possibly . any kind of correspondence with the mother demonstrating that she hasn’t been involved. Then the judge switches over your custody to make the father the primary.
There’s also the possibility that he’s not actually paying her child support, but alimony.
@sweetiepoo
There’s also the possibility that he’s not actually paying her child support, but alimony.
@sweetiepoo
sweetiepoo · 36-40, F
@WhateverWorks hmm. thanks a lot. I may run it by him. She is involved as they have joint custody. I can't remember if the school they go to was closer to his or her home, but let's just say it's a great big mess right now and he is pretty stressed. I don't like seeing him like that and we just want to help him out the best way we can.
Lyndawifeandmom · 36-40, F
Simple solution . Call a local attorney , and ask his or her personal opinion ...
sweetiepoo · 36-40, F
@Lyndawifeandmom That's what a group of us are trying to do to help him, but a lot of them are bad. In it only for the money and do a terrible job.
Lyndawifeandmom · 36-40, F
@sweetiepoo They shouldn't charge for giving a quick personal opinion over the phone .
Neoerectus · M
Depends on laws for the state. Some states may require spousal support regardless.
MarineBob · 56-60, M
Really depends on the judge but not normally
gregloa · 61-69, M
Of course not. The court didn’t order you to pay child support to him?
sweetiepoo · 36-40, F
@gregloa It's shared custody. and they live with him most of the time.
gregloa · 61-69, M
@sweetiepoo joint custody neither parent pays child support. Must be alimony.
sweetiepoo · 36-40, F
@gregloa hmm. thanks. I will look more into this, bc he clearly said child support.
The bottom line:
"It is whatever the court having jurisdiction says it is"
Any action by either party that violates the courts order is looked upon by the court as "Contempt of court".
"It is whatever the court having jurisdiction says it is"
Any action by either party that violates the courts order is looked upon by the court as "Contempt of court".
Adrift · 61-69, F
Depends on the the state and the agreement orignally made between the parents.
ViciDraco · 36-40, M
Is it child support or alimony that he is actually paying? It does seem iffy that he'd need to pay child support as the custodial parent.
sweetiepoo · 36-40, F
@ViciDraco He clearly said child support, but I can't be 100% sure.
bijouxbroussard · F
No, not if he’s the custodial parent. She might have to pay.
But…some states still have alimony, and if that’s the arrangement she would still get that.
But…some states still have alimony, and if that’s the arrangement she would still get that.
empanadas · 31-35, M
Depends on the state but most probably. The courts in the USA favors the mother regardless if the dad is an active father in the child's life
sweetiepoo · 36-40, F
@empanadas the father is extremely active and is the custodial parent.