Any CO Legal Advice?
My H is so afraid of BM that he will not stand up to her because he's afraid she will take him to court. He pays CS on time every time and does not owe arrears. I'm from MO in case your a MO law expert.
These things are all documented:
BM brought SD to our house when she was 15,dropped her off and she never helped pay for SD's for a year and a half that she lived with us.
BM then took SD across state lines (secretly - and a police report was filed)Dh didn't have her address for over a month.
BM let SD's bf move in with her when SD was 16 and BF was 18.
BM does not bring SD for visits like the CO states every other weekend and Wednesday nights and that's b/c she moved out of state.
BM did not update DH on the current matter of SD being arrested for stealing, they have joint legal and physical custody.
Now granted SD is 18 now and may or may not be in school, my H has never verified the attendance of this "on-line school."
So my rant is this maybe I'm wrong but BM has violated the CO time and again there's nothing for DH to be afraid of legally? Do you agree?
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The child is 18. Why poke
The child is 18. Why poke the bear?
I don't understand, can you
I don't understand, can you tell me more please?
You wrote: "He pays CS on time every time and does not owe arrears" and SD is 18.
What is it he is scared she will take him to court for?
In MO you pay CS until the
In MO you pay CS until the child is 21 if they are enrolled in school. He could also be forced to pay for half of the college on top of child support.
How odd...yesterday on
How odd...yesterday on another forum I read the same thing from a man in MO! He has tried everything to get custody of his child whose mother does meth and just got out of an extended stay in rehab. What the hell? So horrible!
Your DH needs to get the
Your DH needs to get the proof that she is enrolled in and attending at least 12 hours of credit. If she is not, then he needs to submit an affidavit for termination, which can be downloaded online.
Scroll down a little bit on the following link and it addresses CS for college students.
http://www.moga.mo.gov/statutes/C400-499/4520000340.HTM
What is he afraid she will take him to court for? An increase?
Sorry I was unclear... In MO
Sorry I was unclear...
In MO CS goes until 21 unless the child is emancipated i.e. marriage, quits school, military, self supporting, etc. ****NOT trying to get custody, not trying to stop CS.****
Every time I tell DH to ignore Sasquatch when she's asking for extra money or whatever reason she has that's not skid related to text, His reasoning for always jumping through hoops for Sasquatch is this:
"Sasquatch will take me for more child support or get me in legal trouble in some way."
And I tell him all she can do is have CS revisited and with all these CO contempt's a judge may see things on his side. He has done nothing wrong, but is for some reason afraid of her??? Not to mention if she does raise his CS it can't be raised again ever. So with all the extra money he sends it may be worth the raise if a judge would see it that way. I feel the CO has been violated so may times by Sasquatch a judge may NOT see it her way??
And Echo - your story is my exact suspicion.
If she is not in school, he
If she is not in school, he does need to get CS stopped. He can still help her out if he wants but he should not be paying BM CS if SD is not in college.
If she IS in school, the most BM can do is file for a CS modification (in fact, your DH can petition for the CS payments to go directly to SD). I would almost rather have the modification than have BM holding court over my head or asking for extra money. It would also be quite funny to have the payments go to SD (would she hand it over to BM, anyway?). Would still be fun.
What kind of legal trouble does he think BM can get him into? Do you think he is just using that as an excuse because he just doesn't want to tell her NO?
Hereiam - I think it's 50/50.
Hereiam - I think it's 50/50. She has taken him to court before for a modification which only got her an additional $75.00 per month. And seriously she took him because he argued with her about how the kids were being raised. And I also think it's an excuse because he has no balls.
SD already gets the money...and she spends it on dog food, manicures, and Paul Mitchell shampoo. She actually told me that