sticky custody situation

[kaybee]

My husband has a potential sticky situation with his ex in regards to my stepson. When they divorced, the ex became the custodial parent and my husband paid child support. Four years ago, it became evident that the stepson was being neglected in the fact the ex spent more time on her other two children from a different father; my stepson is learning disabled and required extra time with schoolwork. My husband took custody then with the agreement of the ex, so the stepson started living with us. I told my husband then that it should be done through the courts and the court order modified to reflect the fact that my husband became the custodial parent and to get some kind of child support from her, even though it would not be much. He ignored me and refused to take the time to do that because then it was amicable with the ex and she was supposedly poor. Over the years, she has not paid one dime towards her son, or attended any school function or medical evaluation. She allows him to visit about once every three months and does not call him during the other times. I was steamed four years ago about the situation but when my husband initially ignored me, I bit my tongue because me nagging him about it disrupted my marriage. Now, it seems she is making more money because she takes numerous trips out of town. My husband is now starting to get upset because she stills refuses to pay child support or see her son more often. He is now thinking of taking her to court and told her so with which she then threatened to sue for back child support because he never changed the current order. I was just curious if she has a leg to stand on with wanting back child support and if my husband should get an attorney as far as that and this mess that was ignored four years ago.

 

[Duranie]

Yes your husband should get an attorney and file for CS. If he can prove the child resided with you its possible he would not have to pay her back support, although it is VERY important to get the custody officially changed and CS stopped, otherwise it keeps accruing.

you can also go to your states CS website to see if they can be of any assistance.