Child support if he chooses to live with BM
This might be premature, but I just had this thought, and I haven’t even researched it or anything just throwing it out there.
BACKGROUND: My husband and his ex went to a jury trial to decide custody of their children. Jury decided against BM found her unfit and awarded my husband custody of the 2 kids. We’ve had numerous problems with her all documented, and have been in court with her countless times after the divorce because of her trouble.
STORY: The boy is 11 and I really believe sometime soon BM is going to try to put him in front of a judge so he can live with her. BM has not in 3 years paid one red cent of child support for her two kids.
QUESTION: This is all hypothetical…I know there are a lot of technical things regarding all of these proceedings. But what if SS11 does go in front of a judge and the judge finds him mature enough to make that decision of choosing to live with his BM. Would my husband then have to pay her CS for his son choosing to live with his mom?
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Yes he would.
Yes he would.
We've been 3 times about the
We've been 3 times about the child support issue alone. Everytime the judge gives her a slap on the wrist, and tells her this will be the last warning, and she still doesn't pay! She hasn't had her license revoked since she lives out of state the justice system doesn't seem to know what to do with her. It's BS!!!
Yes, and she would still owe
Yes, and she would still owe him the 3 years as well. It would all get very complicated and likely very screwed up!
This happened to my parents.
This happened to my parents. My dad owed back support of X$'s and he got custody of us kids short therm and my mom was awareded to pay support of x $ per month. Well he was behind let's say 2,000 and her support was 400 a month. she didn't have to pay a $ until the 2,000 was reached. Does that make sense.
Makes perfect sense. I was
Makes perfect sense. I was wondering if something like that could happen.
How did you get a jury trial?
How did you get a jury trial? I want that!!
The woman asked for it! Well
The woman asked for it! Well she got it, and lost her kids! It cost an arm and a leg, but he got his kids in the end.
Yes he would have to. But the
Yes he would have to. But the judge isnt going to like that while in your husband's custody the mother hasnt paid anything for her child. She is going against a courtorder by not paying. As for the child asking the judge to live with his mother. Unless the judge can see that the child's wishes would infact be for the best of the child the mother is going to have a hard time getting the judge to listen to the boy. When the child is old enough, yes it is true that he can suggest to a judge where he wants to live BUT he cannot decide on his own where he is going to live. If the mother is a deadbeat and is, how you and the jury says "unfit" then I dont really see the judge granting her custody just because of what an 11 year old wants.
I was thinking along those
I was thinking along those lines. That the judge would have to be totally off his rocker to award her custody of SS after everything she's pulled throughout the years.
Yeah he would have to
Yeah he would have to basically not give a shit about children at all. Because being jury, you have more than just a couple of people realizing how big a piece of shit this woman is and agreeing that this woman should NOT have this kid or kids.
oh that happened to my DH.
oh that happened to my DH. BM manipulates the kids into believing anything she says and convenced the SS at 12 to chose her. even when questioned by the judge the boy could only do as his mom told him. he since told us (now 15) that he thinks she is crazy and wants to leave. we offer refuge. say he is welcome and we would help him to come back to DH. he always cowers and then says "nevermind". she has him so whipped and scared to defy her.
i dont know what the answer is though. you can't speak ill of her even if she is wrong yet you want to help the kid before a mistake is made. ours is now working on SD12... she says she likes things as is, but SS15 is angry at DH for not "allowing" SD12 to attend his school in another district. BM doesnt own a home, may move any day since she rarely pays bills on time including rent (we have had collectors AND landlords call DH expecting him to pay) and she thinks it is better to have the kids in HER district and not ours.
selfish.
They dont put them on the
They dont put them on the stand, but they will tell the parents to leave the room. While the parents out of the room the judge, child, gaurdian ad litem, both parent's lawyers, bailiff and court reporter will be in the room. They did this to my stepdaughter. After the judge was done talking to my stepdaughter the gaurdian ad litem brought her out and told my dh and bm to not ask stepdaughter any questions and to not bring anything up to stepdaughter. My SD was 10 at the time. However she was a very mature 10.
Yep! Heck, the way some darn
Yep! Heck, the way some darn judges are, they would probably say she has to pay "him the back support, but he still has to pay her"...which may mean that he pays her and if she has no job, he gets nothing...who knows.
Yeah when my husband got
Yeah when my husband got custody of his daughter he still owed a month of child support because the new order didnt go through until like August 4th. Child support is due every month on the 1st. So for those 3 days, because child support isnt prorated then he owed the whole month support to her mom, even though the child was with us. So he owed her like $350.00 arrears and SHE was made to pay support to him in the amount of $199.00 a month. He paid her but of course we are waiting for her to pay ANYTHING..She hasnt paid a penny since the order went through. She is about $1600.00 behind....So yeah he still had to pay that back...
Can't have it both ways. Our
Can't have it both ways.
Our BM is finding this out, she doesn't want her kids any extra time, but wants DH to pay CS. She has tried for years to figure out how to get paid for the time she does have them - and the numbers are not in her favor.
Unless BM gets her kids more time - which she doesn't want, no CS. Boy does this piss her off.
It really depends on what
It really depends on what state. In GA if the child is 13 or older they can chose where they want to live. The only time it isn't upheld is if the "chosen" parent is a lowlife, no job, etc.
You have the child sign a form and you immediatley have custody of the child.
It's honest to God the craziest thing ever.
My dh just said when I was
My dh just said when I was sharing your story with him that your dh should take her to court for back child support that she should have been paying. He said do it now before she can even blink to get the ball in motion. It may just scare her enough and will certainly document that she never paid. Good luck!