Receiving Child Support Question

[pgb06]

(Since I already have a login I am asking for my husband.)

He got custody of his son going on 5 years ago (at the childs request). Before he found out how much his ex made he agreed to a certain amount due to her assuring she could not pay more. This amount is less than he was paying making alot less plus all medical (she now has to pay half the medical). After papers were filed in court, he found out she was making more than him. Being a man of his word, he told her he would stay with that amount if she helped with athletics, clothing, etc. (In this hoping she would stop pressuring the child to return.)

Is there anyway to receive full child support (or if not full at least a little more) after this amount of time? She is paying less than half the courts ordered. It is difficult getting her to pay "extras" and he is tired of asking. (And no, she did not totally stop pressuring the child to return.)

 

[BayState]

(Since I already have a login I am asking for my husband.)

He got custody of his son going on 5 years ago (at the childs request). Before he found out how much his ex made he agreed to a certain amount due to her assuring she could not pay more. This amount is less than he was paying making alot less plus all medical (she now has to pay half the medical). After papers were filed in court, he found out she was making more than him. Being a man of his word, he told her he would stay with that amount if she helped with athletics, clothing, etc. (In this hoping she would stop pressuring the child to return.)

Is there anyway to receive full child support (or if not full at least a little more) after this amount of time? She is paying less than half the courts ordered. It is difficult getting her to pay "extras" and he is tired of asking. (And no, she did not totally stop pressuring the child to return.)

Was this change of custody done through the courts? Was the change of support done through the courts? If the answer to both these questions is yes, then your husband needs to request review or modification of the current support order. Every 2-3 years he will be able to do this without a COC (change of circumstance). Be aware that a Judge will not likely order the ex to pay for extra's.

 

[pgb06]

The custody and amount was done through the courts. Then the payment amount was a verbal agreement, the papers show she should pay more. If she pays what the courts ordered, extra's would be taken care of totally by him.

 

[BayState]

The custody and amount was done through the courts. Then the payment amount was a verbal agreement, the papers show she should pay more. If she pays what the courts ordered, extra's would be taken care of totally by him.

Urgh! Why do people not follow COURT ORDERS?? The ex is in contempt of court. Since your hubby AGREED to this reduction of support he should forgive the arrears but insist on ex paying the court ordered amount. If she threatens to take him back to court for a change of custody she will have to show a significant change of circumstances for this change. Not wanting to pay according to the court order is not a COC.

 

[pgb06]

In a nut shell, is it possible to have the ex pay the amount the court ordered even though he has been accepting less than half (without the courts knowledge).

 

[pgb06]

I received you answer after I posted the "in a nut shell". The reason for not following the court order was in hops she would not put a guilt trip on the child.

 

[BayState]

I received you answer after I posted the "in a nut shell". The reason for not following the court order was in hops she would not put a guilt trip on the child.

Here's the deal. Children do NOT decide who to live with until they are 18. In some state's their wishes MAY be considered by a Judge during a custody case...But in order to sue for a change of custody there has to be a change of circumstance...ie..Child is failing school and CP isn't being proactive in helping child, child has missed too much school for unexcused reasons, child is being abused or neglected. CP wishes to move child away from community...etc...

 

[pgb06]

Well the ex did not know that, she (we) thought it was 12. So my husband got legal custody when the child was 11, his is now 15. All was done legally through the courts. All is happy, except the ex says she cannot pay more than $300 making $55,000. at the time, recently she stated she was cut $5,000 due to the times.