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  1. #1
    Join Date
    Jan 2006
    Location
    indiana
    Posts
    5

    Default Suing for child support despite prior agreement

    hello i just want to ask if the mother of my step daughter can sue as for child support if its already been aggreed in legal forms and done in the court that she will not ask for child support because the aggreement is about her ability to earn more money and not how much she make right now? do u think she can break the aggreement coz she wasn't making more money now than before because she can't work in other hospitals because of her record probably and we suspected her that she just want it for herself because we've been supporting her daughter for most of all her expenses in our house including most of her schooling , medical expenses and dentist .Their legal aggreement is they have to split the payments of all their daughters medical bills which we always ended up paying for all it.which is another thing that she didn't follow in their aggreement. The point of the aggreement is we should support her daughter when she's on our house on a regular visitation and she will support her when she's on her house. I dont think its fair for us to be ask for child support which we know will ended up paying her moms expenses .do you think she has the power to renewed everything and sue as? [/b]

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Assessment of Child Support

    Child support is normally assessed by formula based upon the parties' respective incomes. While it is true that in a sense the payment of child support benefits the parent who lives with the child, the fact is that it is inevitable that such benefit will occur - the parent lives with the child, after all. Your husband can show the child support agreement to a local lawyer to see if it is enforceable, but if not then yes, the mother can petition to modify support.

  3. #3
    Join Date
    Jan 2006
    Location
    indiana
    Posts
    5

    Default

    even though they have a joint physical costudy and both of them can claim alternate the child on their tax?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    They can do what they like. Between parents, the IRS is really only concerned that the deduction for the child only be claimed once each tax year.

  5. #5
    Join Date
    Jan 2006
    Location
    indiana
    Posts
    5

    Default

    thats the problem too they both claiming the child every time its my husbands turn to claim her. she always do that every year which is illegal isn't it? do you think IRS is aware of that?

  6. #6
    Join Date
    Dec 2005
    Location
    Texas
    Posts
    181

    Default

    The IRS is very well aware of it, but it takes them a while to get it straightened out.

    What exactly does the court order say? Joint legal custody and/or joint physical custody? Is there a primary custodial parent named and if so who is it?

    As far as the original agreement she signed, it's not worth the paper it's written on no matter how you look at it. more then likely, it isn't even admissible in court. But even if it IS, it will be subject to the same rules as every other CS agreement and will be subject to modification. If a CS order states the NCP is to pay $100 a month, it doesn't mean that all the NCP will EVER have to pay is $100 a month.

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