child support and moving out of state

[heidisacct3]

Jurisdiction

Arizona

Its kinda complicated but I will do my best to explain.
First question is, do I have to "pay back" the child support given to me while I was homeless for about 3 months and had to leave my sons in the care of their father?
Even though during this time I was helping my sons fathers, wife with cooking as well as occationaly watching my sons and their own son and daughter. Plus I also even took my own sons for my "parent time" twice a week for the period of those three months.
My second question is can I get permission from the courts to move my sons out of state?
After the three months of being homeless I decided to move to Texas where I have family to help and have job offers along with other opportunities. However, my sons father refuses to let me take my sons out of state unless I sign a document that gives him full custodial rights and permission to stop child support payments.
I dont think I should have to cede to his demands just because I have gone through hard times. Hes even said in text that he believes that our sons moving to Texas would be a good choice.
In closing, any advice on this matter would be greatly appriciated as I feel trapped and dont want to loose my sons just because I am trying to better myself.

 

[txls]

You do not have to pay back child support.
Check your court orders and see if there are any restrictions on where you can reside with your children. Also check the details regarding the father's visitation and transportation. You can't do anything which is contrary to or will interfere with the current court orders. You can go back to court and attempt to modify the court orders. You will present your arguments. The father will present his. The judge will decide.
You also need to realize that if you remain homeless and the judge does not grant permission for you to move the children to Texas and the children are still residing with their father, then most likely child support payments to you will be stopped and you may be ordered to pay the father.

 

[leslie82]

Its kinda complicated but I will do my best to explain.
First question is, do I have to "pay back" the child support given to me while I was homeless for about 3 months and had to leave my sons in the care of their father?
Even though during this time I was helping my sons fathers, wife with cooking as well as occationaly watching my sons and their own son and daughter. Plus I also even took my own sons for my "parent time" twice a week for the period of those three months.
My second question is can I get permission from the courts to move my sons out of state?
After the three months of being homeless I decided to move to Texas where I have family to help and have job offers along with other opportunities. However, my sons father refuses to let me take my sons out of state unless I sign a document that gives him full custodial rights and permission to stop child support payments.
I dont think I should have to cede to his demands just because I have gone through hard times. Hes even said in text that he believes that our sons moving to Texas would be a good choice.
In closing, any advice on this matter would be greatly appriciated as I feel trapped and dont want to loose my sons just because I am trying to better myself.

I'm a little confused. Do you have sole legal and physical custody? Or is there shared custody?

While you were homeless you were living with your sons' father or only they were living there? Also you do not watch your own children. You were parenting your children. His kids you babysat. No one babysits their own kids. Sorry not trying to be bitchy. That just irritates me when people say the dad watched the kids or they watched their own kids.

You don't have to pay back child support. If it's court ordered, it's court ordered. If the court decides to change custody and then you have to pay support, then you pay that support.

What does your decree state? If it says you have to ask the court's permission than file. If the court okays it your ex can't do a thing about it. If he opposes, he can go to court and oppose. He can't threaten you. Also he can't "make" you sign any documents giving him sole custody. The court orders custody not your ex.

Do you have a residence in Texas? Job? If you are still homeless and not stable, as stated, the kids will stay with the dad.

 

[shrinkmaster]

All your answers are in court! If your child was NOT under your care for three months then support should have been paid to the person who was caring for child. Now far as paying it back only a court can order that. Moving may prove difficult because your denying the other parent his/her time with child. Many divorces have clauses on how much distance the custodial parent may put between noncustodial parent and child so look at your order. If Dad chooses to fight move he could win. If you are allowed to move expect there to be orders put in place giving him more extended visits and you being forced to pay for travel. These are all possible