mom abandons child but is keeping the child support

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bobswife

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My step son called us on May 27,08 asking if he can come and stay with us because his mom kicked him out of the house, he was at a nieghbors house. My husband called his ex-wife to see what was going on and she said she wants him out of the house for us to change custody. We filed for custody and when we went to court she contested it. She was not contesting custody but that she only wanted to pay $100.00, nothing else. My husband has paid child support for 16 years ($600.00) and kept him with insurance. Mom claimed child on taxes. The problem here is she can afford an attorney and we cannot. She has been receiving child support all this time but we have the child.We asked her if she would let us have the child support back to get him bedroom furniture and clothes for school. She laughed and said no way. The court order them all to see a counselor. The pre-trial is sept. 9, 08. She said she will drag this on and keep getting the child support unless we cave in to the $100.00 a month. She makes as much as my husband does. Her attorney said we would not get the back child support all though we have had the child. She should have to pay child support herself from the date we had the child and give the child support back. Is it not called CHILD SUPPORT not ex-spouse support? In our court papers we are asking for child support and the return of our support paid, claiming him on taxes and insurance to be provided. The court thought that this is what the child needed for 16 years while with mom, so he must need it with dad too.
Case is being heard in Lucas Co. Toledo, Ohio
 
If you have a court hearing, then you ask for child support depending on her income and state guidelines. How does mom think she will get away with 100.00 support? Can you prove her income-is she W2'd? Seems reasonable you can claim him on taxes
 
Mom abandons child/Takes child back

I wrote earlier about my husbands ex-wife abandoning their son. My husband took in his son, who was 15 but has turned 16 while he was with us. We filled for custody change because that is what she wanted. Cost of that was $150.00. Bought my husbands son clothes, furniture, took him to the doctors, bought him games, filed for birth cert. and social security card, enrolled him in school. He even had a job doing dishes in a local resturant. When it was 4 days before pretrail of custody hearing she pulles out and takes the child home. My question is : Can we sue my husbands ex-wife for the money my husband was paying her for child support while we had the child ? We asked her for it to take care of childs needs but she said no and laughed. Please help. This has hurt my husband emotionally and financially.
 
Did you have the hearing on the 8th? What was the outcome? Generally, or at least many times, back support is awarded from the date of filing.

Are you asking if you can sue in small claims? If so, I'm not sure. I think it will get bounced back to family court, but someone else may have a definitive answer.
 
We did have court on the 8th where the mother said she wanted the child back after we invested in this child. We maxed our little credit card getting him bedroom furniture and school clothes. She laughed at us and said she was using us for a summer break. We had the child from May 27 to Sept.5,08 all the while she was collecting $600.00 a month for child support. I cannot understand this, its child support not money for her to hang out in the bars with. And that is what she does. Its hard to have faith in the system.
 
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