Results 1 to 3 of 3
  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default 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?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

  3. #3
    Join Date
    Dec 2007
    Posts
    529

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Who Pays Child Support After a Change of Custody
    By XMY2011 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 07-10-2011, 08:55 AM
  2. Dad Now Has Physical Custody, Does Ex Now Pay Support
    By NeBased in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 09-30-2010, 07:29 AM
  3. California 50/50 Physical Custody and Child Support Laws
    By robd in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 09-16-2010, 01:35 PM
  4. Child Support With Shared Physical Custody
    By glamorgurl in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 02-26-2010, 11:16 PM
  5. Does 50-50 Custody Mean No One Pays Support?
    By strongcoffee in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 02-07-2008, 08:36 AM
 
 
Sponsored Links

Legal Help, Information and Resources