Child Support
My DH has full custody of SD10 with BM having supervised visitation. Well, since we got married in November she has decided to take more of a motherly roll in her daughters life. She doesn't work and is a respiratory therapist! Yeah right I know. Anyway, she was ordered to pay child support and hasn't paid the first dime. My husband took her back to court in November and she was given 6 months to find a job and begin paying. Well, she still isn't working to my knowledge. So the problem is that her mother has hired an attorney to take DH back to court in July for joint custody. DH works until 930pm during the week. BM is asking to have SD every night that he is at work. So basically we would have her every other weekend. She also is not asking for child support, even stating so in her paperwork. My question is, can she take him back to court at a later date for child support and get it? We live in MS and my husband's current attorney says that she can't. I don't agree with that and think that she can.
I am ALL for this happening but refuse to pay her one dime!! (We will still take care of SD but not handing over money to a recovering drug addict)
Anybody been through a similar situation?
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Comments
I would seek the advice of a
I would seek the advice of a different attorney just to be sure.
Im not a lawyer but i would
Im not a lawyer but i would think that if the bm currently has supervised visitation and does not pay her court ordered child support payments....that no judge in their right mind is going to look at that and go 'ya, lets just flip this thing on its head and essentially give you full custody, bm'. I agree, you need to make sure you have a good lawyer, but i think that you are getting ahead of yourself and worrying about something that probably wont be an issue.
When DH was given custody, we
When DH was given custody, we were specifically told by our lawyer (I love him - he's excellent)not to bring up child support until we had the papers and defacto custody for 6 months. You can always ask for a review at least here. I doubt it would last. I'd check with a new lawyer, get a free consultation or something.
Thanks ya'll! I have
Thanks ya'll! I have wondered about his attorney for some time now. She told him (according to him) that they could move in with me and it wouldn't be a problem (before we were married). Now I was a police officer for 8 years,,,,,,,not that I know everything bc I most certainly do not,,,however, am smart enough to know that this wasn't gonna fly.....and of course when they went to court for her back child support,,,,the judge told DH that he would put him in jail if they moved in with me and us not be married........ok, I get it and told him not only that this is what he would say but that even though I don't have any kids that I don't agree with that bc it's not setting a good example
OK so DH will be put in jail if he lives with me (cop for 8 years and emergency room nurse for 5) but she doesn't have to pay her mandated child support bc she is a loser???? Not exactly the same!!
Anywhoo,,,,,I recieved an email from an attorneys office I contacted yesterday and will be calling him this am............Ya'll, I truly love my husband to pieces but am beginning to think I am better off without all the drama/SD10. She is one of the nicest kids but can't stand the thought of her/sound of her name to save my life!!! What to do?