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  1. #1
    Join Date
    Jan 2013
    Posts
    4

    Default Can a Custodial Parent Be Ordered to Pay Support to the NCP

    My question involves child support in the State of: California

    Hi! I am new here, and I have a few questions about my husband's custody/child support case. Sorry if this is too long. We are meeting with an attorney on the 14th, but we are just curious... Here's the background:

    1. DH and his ex divorced in California. They shared 50/50 custody and support was set at $0. Child was 6 at the time.

    2. A year later, his ex/BM moved several hundred miles away, leaving the child with my DH. They never filed the move/change with the court. No parenting time agreement was established, nor was child support. Visits happened when the BM requested them; they were sporadic throughout the school year but the child spent breaks and summer with mom and her new BF. The visits were pretty bad/chaotic.

    3. About a year later, DH and child moved out of state with the mom's consent. Visitation was about the same until the longer visits got a bit dicey. E.g., mom got a DUI with the child in the car; child gained almost 30 pounds one summer because he was left alone a lot.

    4. DH finally filed for and was awarded sole custody and had custody jurisdiction moved to our state. Mother was served several times and never once responded to anything. She basically let the jurisdiction move to our state and surrendered custody. She never requested parenting time, and none was established by the court. Magically and miraculously, the custody order includes a handful of economic provisions: out-of-pocket medical, dental, orthodontic, psychiatric/psychological reimbursements, for example. As per federal law, child support remains in California. DH did not pursue it at the time, because BM started paying $300 a month in child support. DH trusted her. Big mistake! She paid for 18 months before she stopped (right about the time her new boyfriend moved in...)

    5. DH and I are fine financially. We don't NEED child support, but child support is NOT our money; it's for the child. Any money we would get goes into a college fund or is used for clothes and other expenses that arise. BM hasn't paid a nickel of the out-of-pocket medical (the child has braces now).

    Soooo, DH wants to file for child support. Child sees his mother between 50 and 65 days a year; sometimes less. It's usually about 50. DH is worried that because he makes more now, he might end up paying BM child support for those 50-65 days a year. Here's why: She used to make about 1/2 to 3/4 what DH makes. She now claims she can't work because her back hurts (although she can still travel and do sports. etc.), giving her an income of $0, basically. She is not on disability as far as we know, and she is now telling people she's becoming a photographer??? Ugh. Making matters more sketchy, both DH and BM are self-employed/independent contractors. DH has a sole proprietorship and uses a software system that tracks earnings, but she can and will lie about what she makes—despite being audited two years ago.

    Is there any chance this could happen? It seems we would just skip the child support if there's a likelihood that her "poor me" attitude could work. If it helps, child has lived with DH full time for about 6.5 years.

    Thanks in advance for any insight you can offer.

  2. #2
    Join Date
    May 2010
    Posts
    201

    Default Re: Can a Custodial Parent Be Ordered to Pay Support to the NCP

    Yes, it is possible.

  3. #3
    Join Date
    Jan 2013
    Posts
    4

    Default Re: Can a Custodial Parent Be Ordered to Pay Support to the NCP

    Thank you. Hoping it's just a slim chance. We highly suspect she is (illegally) seeing clients at her home, since she just bought an expensive car. It drives us crazy; she won't even buy him new underwear.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Can a Custodial Parent Be Ordered to Pay Support to the NCP

    Quote Quoting firefly0012
    View Post
    Thank you. Hoping it's just a slim chance. We highly suspect she is (illegally) seeing clients at her home, since she just bought an expensive car. It drives us crazy; she won't even buy him new underwear.
    And why would it be illegal for her to see clients at home? Be careful about making that kind of claim, as it can come back to bite you in the rear.

  5. #5
    Join Date
    Jan 2013
    Posts
    4

    Default Re: Can a Custodial Parent Be Ordered to Pay Support to the NCP

    Because it is. I wont give too many details but she and my husband are in the same line of work. It is absolutely illegal and in violation of several health codes to conduct this type of business from your home unless the space is zoned for such use (it is not--she lives in an apartment) AND you have the appropriate license (she does not, it is very easy to check) and you have additional facilities licenses (she does not--and she will not as the building's owner would never allow it). My rear will be fine.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Custodial Parent Be Ordered to Pay Support to the NCP

    Your rear will be fine provided you take a few steps back and let your husband deal with this.

    Don't overstep. Know your place.

  7. #7
    Join Date
    Jan 2013
    Posts
    4

    Default Re: Can a Custodial Parent Be Ordered to Pay Support to the NCP

    I'm not sure why you think my husband isn't dealing with this???

    The tone on this forum is not very friendly. I can only assume that it's because this is a situation where —GOD FORBID—a father has custody and is seeking—OH HORROR—child support from a mother who walked out on her child to be with a (now ex) boyfriend who HATED her son.

    I came here asking questions for my husband who wanted a bit of information from other sources before his meeting with an attorney next week. If you don't want to help or can't be kind, don't say anything.

    And as for my rear: You can KISS IT.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Custodial Parent Be Ordered to Pay Support to the NCP

    Okey dokey then.

    Bye!

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