NC Child Suport Issue

[maglady12]

My hubby's daughter has been living with us since Aug. 2008. She is enrolled in school with our address, etc., etc.. He has already been to court to try to stop the child support (April 2009), she had been with us for 8 months at that time. They suspended the child support and they made him pay for those 8 months that she was with us......which I think is a load of crap!! Anyway, he goes back on the 28th of this month. She will still be with us, so what do you think we should expect this time? What are the chances that the judge will stop the child support or do you think they will keep it suspended?

 

[irish223]

My hubby's daughter has been living with us since Aug. 2008. She is enrolled in school with our address, etc., etc.. He has already been to court to try to stop the child support (April 2009), she had been with us for 8 months at that time. They suspended the child support and they made him pay for those 8 months that she was with us......which I think is a load of crap!!

There was an order for support. He was obligated to pay it. That's the way it works. I assume that there is already a custody order as well. Has he been to court to change that?

Anyway, he goes back on the 28th of this month. She will still be with us, so what do you think we should expect this time? What are the chances that the judge will stop the child support or do you think they will keep it suspended?

It depends. Does he have court ordered custody? Does the mother have visitation? How much? How do the parents' incomes compare?

ps-I think you're a little ahead of yourself. This is August 2008.

 

[maglady12]

sorry.....lol..Aug. 2007. Anyway, the mother has never worked and is married with 3 other kids. He works and as far as the child support, he went to child support enforcement on his own when they broke up (never married) and it is court ordered. There is no custody order for the daughter. They worked that out on there own....when she lived with her, she was with him 2 weekends and 1 off, 2 weekends on, 1 weekend off.....now that she lives here, they just flipped it, she has what he had. The daughter is better off with her dad....she has stability and rules, etc. she (the daughter) even says that she would rather have the rules instead off "running wild". She is 15. Her grades and school attendance has drastically improved.

 

[irish223]

Since they were never married, then legally the mother has (and has had) custody. Your husband has to file a petition for custody of his daughter. I don't know if he can add that to the hearing on the 28th or not. He should ask at the courthouse or get an attorney. If he is able to get primary custody, then he should also be entitled to child support from the mother.

Good luck and make sure he files for custody!

 

[maglady12]

His daughter is 15, can't she legally make the decision on where she wants to be (which is here)? How does that work?

 

[irish223]

His daughter is 15, can't she legally make the decision on where she wants to be (which is here)? How does that work?

I believe this is true in every state: The judge makes the final decision on custody.

With that said, many states have provisions for older children to state a preference in custody matters. If your state is one, then his daughter may do that. The process varies by state, so you'll have to check that out. In some states, the daughter or her father will have to file a petition of preference (I can't remember the correct name), and in others the process is less formal.

You might also want to get school records for the past few years to show the improvement while she lived with Dad.

Again, good luck.

 

[ohiogranny]

I think Texas has an affidavit that a child older than 12 or 14 can file with the court. It does not mean the child gets to choose, but the judge will consider their wishes.

Some states allow the opinion of the child to be heard, but only after a certain age, under the right circumstances, and usually if the judge does speak to the child (which is very unusual) it's done in chambers with maybe both sides' attorneys.