Results 1 to 4 of 4
  1. #1
    Join Date
    Jan 2007
    Posts
    3

    Default Father Wants to File for Child Support

    My husband would like to file for child support from his exwife. He is a little concerned about losing custody if he trys. They have joint legal custody, with him as the physical custodian. Additionally, we live out of state from her. Believe me there was no fight with an out of state move. Does he have any right to ask for child support. I say if she were a man people would look a little differently. A parent is a parent and should help regardless. Additionally, one of our children has alot of medical expenses. She rarely has contact with them, possibly once every six weeks she makes a phone call to them. We both agree that she should pay support and have it go directly to a college fund. Also, if he sets up a court hearing for full legal custody, could she fight this and possibly win. I have been in these boys lives since they were 3 and 4 and they call me mom and only really know me as mom, and I would hate the thought of losing them. Thank you for your advice and help.

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Father wants to file for child support

    It usually takes an act of god for someone to win a change of child custody battle.
    Courts do whats best for the child, not the parents.
    Their mother would have to show why the kids needs to be ripped out of their surroundings, and placed somewhere else.
    If they are happy, doing well in school, and aren't being harmed, then you have no need to worry.
    Getting full legal custody would be difficult. Depending on what visitation is in the divorce decree, if I were you, I would just let it be.
    Definitely ask for child support. If she wanted to start a custody battle, it will cost her thousands.
    You shouldn't need a lawyer to get child support, but it's always a good idea to keep you eyes and ears open for 1. Just in case the Mom does try and pull a stunt.

  3. #3
    Join Date
    Jan 2007
    Posts
    3

    Default Re: Father wants to file for child support

    Thank you for your advice. If we don't need a lawyer for support payments, do we just go to the courts ourselves. We aren't worried about her pulling a stunt trying to get them back, she is having way too much fun living the single life. Even though we have joint custody, she rarely sees them. Maybe once a year, and then we split the cost of plane tickets. My husband and I are worried if something happens to him, that she would come and take them from me. That is why we thought about seeking full physical custody, I know she would fight me trying to adopt them as my own. We have been together nearly six years, and to have them taken away in the event something happend to my husband would hurt them and myself.

  4. #4
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Father wants to file for child support

    In that case, get yourself a good lawyer. If something does happen to your husband, odds are, the kids will go back with mom. The Bio Mom would have to give up her rights, in order for YOU to get those kids by default.
    maybe she would be willing to do that, when she sees those child support payments.

    1. Sponsored Links
       

Similar Threads

  1. Custody and Visitation Issues: Can You File for Child Support Without the Father's Getting Visitation
    By lawfacts in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 12-17-2016, 10:13 PM
  2. Modification of Custody: Father Wants to File for Custody to Avoid Paying Child Support
    By Ebooker8388 in forum Child Custody, Support and Visitation
    Replies: 13
    Last Post: 08-30-2016, 07:11 PM
  3. Establishing an Order: Do You Need to File a Motion to Terminate Child Support when Child is 18
    By johncook in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 03-21-2013, 09:40 AM
  4. Support Arrears: Can an Adult Child File for Child Support Arrears
    By Susiechick2 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 12-04-2012, 12:31 PM
  5. Establishing an Order: Ex is Trying to File Child Support but No Father is Listed on Birth Certificate
    By jessb83 in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 10-18-2007, 06:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources