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Child Support

Discussion in 'Child Support' started by MamaToSon, Dec 20, 2019.

  1. MamaToSon

    MamaToSon Law Topic Starter New Member

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    Jurisdiction:
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    My ex and I have a 50/50 parenting agreement, there is no child support we are both responsible for our own expenses. He was recently fired from his full time job for working a part time job that was a competitor to his full time job. He was warned by management, continued the part time which lead to his termination. He was denied unemployment and He is now filing for child support because he says he can not continue to maintain the same lifestyle for our son now that he is unemployed. My question is does have a case being that he was terminated by his own actions.
     
  2. zddoodah

    zddoodah Well-Known Member

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    Ex-husband? Ex-boyfriend? Ex-something else?

    If he's an ex-boyfriend, was his paternity ever established? If so, how was it established?

    Is this agreement just a private agreement, or has it been adopted by a court as a part of a divorce agreement or custody order?

    How long ago did this happen? Has he been actively seeking new full-time employment?

    No one on the internet can provide you with an absolute assurance that his getting fired will negate any possibility of him getting what he's asked for.

    I suggest you consult with a local family law attorney.
     
  3. MamaToSon

    MamaToSon Law Topic Starter New Member

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    ex boyfriend and he was terminated about a month ago. We have a court ordered parenting agreement - the support agreement is verbal, we agreed we would handle our own expenses. He said he is seeking employment but I don't know how true that is. He is still working his part time gig.
     
  4. Zigner

    Zigner Well-Known Member

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    He has no obligation to pay anything at this time.
     
  5. MamaToSon

    MamaToSon Law Topic Starter New Member

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    I’m not asking for child support from him. He wants me to pay him child support now because he was fired.
     
  6. army judge

    army judge Super Moderator

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    Child support is more often than NOT, all about the numbers.

    No one can predict the outcome of any legal proceeding.



    This could be a problem for BOTH of you.

    You currently have no child support order.

    The issue of any misbehavior by the male means nothing to the court who will hear the male's position.

    The child support petition by the male will be treated as if it is a trial de novo, because there is no existing child support order.

    Whatever verdict is rendered will be just to both parties, more importantly to t the child.

    On a parting note, you and the male appear to have never been married.

    If he were to die (or become disabled), any child support he is contributing could disappear.

    The same problem will also befall him.

    I suggest you two discuss what you'll do if one, or both of you become disabled or die.

    Merry Christmas.
     
  7. zddoodah

    zddoodah Well-Known Member

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    If he's actually filed papers to ask the court for a child support order, you'll need to file a response, etc., so again, I suggest you retain the services of a family law attorney.
     
  8. cbg

    cbg Super Moderator

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    If YOU lost YOUR job, would you want some help with your child's expenses?
     
    shrinkmaster likes this.
  9. MamaToSon

    MamaToSon Law Topic Starter New Member

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    I wouldn’t risk my full time job to be working a part time job for a competitor after being warned. And I did lose my job a few years ago when my position was eliminated and still managed on my own without asking for child support so the answer to your question is no.
     
  10. shrinkmaster

    shrinkmaster Well-Known Member

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    This is about the child not him! Hes asking for support for the child not for himself. Now with this court date I presume is coming support and custody can be brought up.
     
  11. army judge

    army judge Super Moderator

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    Without a valid, lawful child support order issued by a judge, the non-custodial parent isn't mandated to pay one penny of child support to the custodial parent.

    That is why courts exist, to resolve disputes.

    Furthermore, these days with the availability of genetic testing, an unmarried male should seek such testing as part of the child support proceeding.
     
  12. leslie82

    leslie82 Well-Known Member

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    Verbal child support agreements are the dumbest thing anyone can do...if he files for child support you will go to court for it. Yes anyone can file for child support - will they get it? That's up to the judge.

    You said you have a court ordered parenting plan so I assume had a paternity test done?

    You need a lawyer but if he files, you respond and as to why you don't think you should pay it. I wouldn't want to pay my ex child support based on what you said either.
     

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