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Physical Custody Changed Who Pays Support

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  • 03-28-2011, 06:28 PM
    gchesterton
    Physical Custody Changed Who Pays Support
    My question involves child support in the State of: Live in Ohio. Divorce was in Idaho
    Hello, my ex and I have joint custody of my son who is 13. Last year I missed some child support payments because I was laid off. My ex was understanding and at the end of the year I determined I owed 8 months of support. She remarried a Marine a few years back and recently decided to move over seas to Japan to live with him. She asked that our son come to to live with me which I was fine with. What an opportunity to spend time with him. Now she wants me to pay the back support and I cannot afford to now that he lives with me. A 13 year old boy is expensive :) Additionally, I claimed him on my taxes as he was with me for more than half the year and she now wants half of that as well. I know that the financial support of a child is a 50-50 situation and that I now pay for 100% where she only had to pay 50% when he was with her. Should I ask and can I ask for her to pay shild support? What about the tax credit that she wants half of?
  • 03-28-2011, 06:46 PM
    Dogmatique
    Re: Physical Custody Changed Who Pays Support
    She's entitled to any back support that you owe, yes.

    You can also file for child support since kiddo is living with you 100%. It would appear that you correctly claimed the tax credit, and unless your court orders say otherwise she would not ordinarily be entitled to any of it.
  • 03-28-2011, 07:49 PM
    Lawrence084
    Re: Physical Custody Changed Who Pays Support
    I have a question: Why didn't you file for Child Support or have your current order amended as soon as she left the country? I ask because you are still entitled to pay until the courts stop it. Which means your arrears might be more than the 8 months if you stopped paying when she left for Japan, but left the current order open.

    Assuming she not Japanese, she probably not working, especially because of everything that happening in Japan right now. I wonder what are the chances of recieving any Child Support from her? But, definetly file to stop your current order and if she is require to pay (They might make her pay based on what she could have been making) and end up in arrears it will be you asking for repayment instead of her. Then maybe you two can work something out.
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