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Once You Drop Child Support Can You Get It Back

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  • 01-18-2012, 09:24 PM
    darion49
    Once You Drop Child Support Can You Get It Back
    My question involves a child custody case from the State of: NC/NJ
    My husband and I have been raising his 13 year old son for the last 9 years. We were living in NJ in the same town as the mother and her family. After the child came to live with us it was like the mother didn't have a son anymore. We had to basically hunt her down so he could see his mother. There was a time when she lived right around the corner from us and he still barley seen her. Anyway 2 years ago we moved from NJ to NC. Now all of the sudden its so important that her and her family get him on Christmas and for the summer. Now that we moved its so important that they see him. But even still he only talks to her when he calls her. She calls every now and then on her own. My husband never took her to court or asked her for any child support. She did what she could when she could, and that was fine. We also have 4 other children together ( his brothers and sister). So I suggested maybe she could come out here for Christmas next year that way we could all be together for Christmas us with him and her with him. Then she can leave the next day or whatever and they can go to Jersey and be with her family for the rest of the holiday. Then my husband told her he had plans for this summer so he wanted him to be here this summer and suggested he went out there when school let out in early june and was back by the 4th of july. She made this big deal about us cutting her time with him short and she was going to take him to court. Now my question is 1. Can he file for full custody of his son without having to travel back and forth from NC to NJ? 2. If he files what are his chances of winning the case? 3. If she files what are her chances in getting the child? 4 What kind of visitstion might be set up? 5 If you go to court and have the child support dropped can you ask for it back? (she dropped the child support after he came to live with us, if she gets him back can she ask for it again?
  • 01-18-2012, 09:42 PM
    Dogmatique
    Re: Once You Drop Child Support Can You Get It Back
    1 & 2. He'll need to file where the original orders were from. If he's been the child's primary caregiver all this time, he'll likely remain so. If there are no orders at all, he can file in NC since that's where the child has lived most recently.

    3. Crystal ball is out for calibration, but again, if Dad has been the primary caregiver he will likely remain so.

    4. Typical long distance visitation - Dad can google parenting plans.

    5. Yes, absolutely. Child support is always fluid.

    :)
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