Child Support Question

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MDLAJ

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Recently my son's father was given primary physical custody of my son - I have secondary physical custody - we both have joint legal-custody. What is to been done with regards to child support. My son lived with me for 12 yrs - his father was in and out of jail 10 of those 12 yrs. and never paid child support. Who will have to pay child support now? How is this determined? If no one files, do I give his father money? With regards to school, uniforms, clothing, etc. - I have no problem paying half of whatever the cost but how is that given out? Do I give the father money directly (check)? or do I keep reciepts for everything that I pay for that is related to my son? How do I fill for these expense on my income tax?

Thank you!
 
MDL&AJ said:
Recently my son's father was given primary physical custody of my son - I have secondary physical custody - we both have joint legal-custody. What is to been done with regards to child support. My son lived with me for 12 yrs - his father was in and out of jail 10 of those 12 yrs. and never paid child support. Who will have to pay child support now? How is this determined? If no one files, do I give his father money? With regards to school, uniforms, clothing, etc. - I have no problem paying half of whatever the cost but how is that given out? Do I give the father money directly (check)? or do I keep reciepts for everything that I pay for that is related to my son? How do I fill for these expense on my income tax?

Thank you!
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You should get a court order for child support. That will protect both of you. If the father is receiving any state aid, the state will want you to reimburse them. Without the court order, any money you provide will be considered a gift, not child support.

Why did custody change? (And again, please limit the threads you're starting!)
 
was there an order for him to pay support while you had custody? Can you guys agree to no child support and just split expenses? CS is determined by parenting time and income. Since he has primary physical custody, unless you have 50/50 parenting time and the same incomes, CS is normally not waived.

By the way, if Dad has been in and out of jail several times how was he able to secure custody? Did the child want to go live with him?
 
Yes the my son wanted to live with him. However, since the Court Order was issued, his father has not been in compliance. I have recently filed fo contempt but the hearing is not until Dec. 2008! I'm looking to file for an emergency hearing because I haven't seen my son in a month. We have joint-custody, however, his father is not telling anything with regards to my son. The court order says that we are to go to family counseling - he refuses to go. I am going. My son on Friday, called me a cussed me out! My son has never, never, never done this to me. Because of all that is taking place I am looking to have the court order modify. The issue of him being in and out of jail was never brought up during the custody hearing, because my son wanted to stay and he told me that that his father had changed - I thought it would be a good idea, especially since I would still see my son, I had a legal say so in his life and we would be undergoing family counsel. In short I was dupped. I will bring up his criminal record (which I was able to optain a copy) and pray that the order is reversed. I am not seeking to remove his father from his life, but I am seeking that we work together with my son - which is why I had the family couseling placed in the court order. However, his father is NOT in compliance and in order for this to work, he needs to follow the order. Because of all that has taken place over the last month - I hoping to get primary custody with him have supervised visitation at the family couselors office - thus forcing him to come to family couseling.
 
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