HELP! CHILD SUPPORT QUESTION

MY HUSBAND HAS TWO CHILDREN FROM A PREVIOUS RELATIONSHIP (THEY WERE NEVER MARRIED). TODAY, HIS DAUGHTER IS 23 AND HIS SON IS 16. IN 2005, THEY WERE EACH GRANTED SPLIT CUSTODY. THE ORDER STATED THAT HIS DAUGHTER LIVED WITH HIM FULL-TIME AND HIS SON LIVED WITH HIS MOTHER FULL-TIME. CHILD SUPPORT WAS ABATED. MY STEP-DAUGHTER AND HER DAUGHTER, WHO IS 3 YRS OLD STILL LIVES WITH US FULL-TIME AND HIS SON WITH HIS MOTHER. YESTERDAY IN THE MAIL, MY HUSBAND RECEIVED A COURT WITHHOLDING ORDER FOR CHILD SUPPORT FOR FAILING TO APPEAR IN COURT IN APRIL. WELL, WE JUST FOUND OUT TODAY, THAT HIS EX FILED THE PAPERWORK ON MARCH 12TH, BUT THE COURT DATE WAS SENT TO HIS FORMER ATTORNEY FROM 1999 AND NOT OUR CURRENT ATTORNEY WHO REPRESENTED HIM IN 2005. MY HUSBAND HAS BEEN IN CONTACT WITH OUR CURRENT ATTORNEY AND SHE'S FILED AN EMERGENCY MOTION. IN ADDITION, THE COURT APPEARANCE THAT HIS EX FILED IS REQUIRING THAT SHE BRING HER SON TO COURT WITH HER. WE'RE AT A LOST FOR WHY THIS HAPPENING, AS MY HUSBAND TAKES CARE OF HIM AND HAS OPENED UP HIM A CKG AND SAVINGS ACCOUNT TO DEPOSIT MONEY ON A BI-WEEKLY BASIS. WHAT ARE OUR CHANCES IN COURT. BTW, WE LIVE IN ILLINOIS.

sunshine21's blog
Log in or register to post comments

Comments

I'm blind now.

THANKS FOR THE NON-SUPPORTIVE

THANKS FOR THE NON-SUPPORTIVE ANSWERS.

Your husband will have to pay

Your husband will have to pay CS. If he wanted to avoid paying, he should have had custody the youngest kid, not the oldest.

STEP-TALK IS THE BEST, NOT!

1st, Take it down a

1st, Take it down a notch.

2nd, if one child aged out and there is a younger child, more than likely your husband will have to pay CS. It doesn't matter what was in the agreement 9 years ago. Custody and child support are ever changing and ever evolving. Lord knows my ex took me to court 4 times in the last 12 months with a different excuse each time as to why CS should be lowered.

Just let me get this clear,

Just let me get this clear, my husband doesn't mind paying child support if it comes down to that. We are not disputing that! I was clearly asking for advice. We will allow our attorney to work this out and proceed. However, for her to go in there and lie about her not working is what we have a problem with! Liars/Cheaters don't get far!

You weren't clearly asking

You weren't clearly asking for anything. There was nothing in there about her hiding income, or maybe I MISSED THAT WITH ALL CAPS ON. If she is hiding her income, you are going to have to do some digging and investigating. It is very hard to prove income if she works under the table.

It doesn't matter if she

It doesn't matter if she works or not, he will still have to pay CS.

Sunshine, I don't think that

Sunshine, I don't think that the replies were unsupportive, just truthful. It sucks that the ex was sneaky and did it that way. This is why it is best iMO to have CS through child support services where they review every couple of years. It helps take the personal out of it.

Work with your attorney on this that is the best way. I wish you the best.

Thanks for all of the

Thanks for all of the responses. Yes, she works at the Library Full Time. In Illinois, you are only required to pay CS until the child graduates HS or turn 19 (whichever one comes first). He graduates next May 2015. Our attorney is all over this! Like she said, there's a lot of unanswered questions, especially WHY the order was sent to our old attorney from 1999. Court is going to be fun.....

Troll??

Echo you're funny.....keep

Echo you're funny.....keep rising to the top!

LOL! THIS IS FUNNY!

LOLOL

Good one, Ripley!!

The courts will not take into

The courts will not take into account any cash your man has provided.

CS will be set by state guidelines unless he has any legal ways to reduce it (think travel expenses, medical insurance paid, who claims which kid(s)).

I don't know why the courts want the son to come unless he is going to be testifying on his mom's behalf or something.

I understand this is upsetting to your household but you guys are not LEGALLY required to provide for SD and her baby. But both parents ARE supposed to provide financial support for their children. Be happy that she can't make it retroactive! And that you aren't going to be forced to do anything like pay CS through college or stupid crap like that. Maybe I should say, be grateful she doesn't live in New York state!

I bet that your man lets his daughter and grandchild live there for free and that is what is REALLY annoying you.

Well, either way, they are

Well, either way, they are paying for a lawyer so he/she should be the one they seek advice from. Not a bunch of strangers on the internet. Especially when the OP doesn't want to hear the truth anyway!

Be happy it is only 6 years - or maybe 8 if the kid fails a couple times. My DH paid full CS for 20 YEARS for two kids. The older one had two of her OWN by the time his CS was over and didn't even LIVE with her mother. He even paid when he LIVED with BM and the skids. So, count your blessings.

IF they are still here with name change will someone tell me the 'whats UP"