• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

amended motion to file for child support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

flipurwig

Junior Member
What is the name of your state (only U.S. law)? Kentucky
My ex wife is taking me back to court for an amended motion to file for child support for our daughter (13 years old). Our daughter has been living with ex wife full time for last 6 months. This is due to stricter rules at my house and the responsiblity for good grades in school. Ex wife gets kids to school late regularly (in excess of 15 times) and both children were absent from school over 12 times ( I have all the proper documentation). Daughter has realized she can still hang with friends, go to mall, chat on social networks and continue to get bad grades and not be punished by living with her mother. Ex wife lives above her means and can never pay bills. She is now taking me back to court for child support since daughter is living with her full time. I pay half of health Insurance and half of her catholic education (only to get rewarded with D's). Will a judge require me to pay ex child support?
Divorce has been settled for a year now and we have joint custody and split child expenses 50/50.
 


mistoffolees

Senior Member
Why shouldn't you pay child support if the child is living at Mom's? Don't you have an obligation to support the child, too?

What does the custody order say (word for word, but without the names). It may be that your best bet is simply to start following the custody order.
 

flipurwig

Junior Member
Custody order states mother and father are hereby granted joint custody. As i stated in first post last sentence! Child expenses are split 50/50 and I pay those expenses. Exwife is wanting child support for electric bill, water bill, food expenses and what other bills she cannot pay. I pay my share.
 

stealth2

Under the Radar Member
Mom has every right to file for child support, as you would if the child were living with you. You can google your state's CS guidelines to see how the numbers play out.

In the meantime - what are you doing to help your daughter succeed in school?
 

mistoffolees

Senior Member
Custody order states mother and father are hereby granted joint custody. As i stated in first post last sentence! Child expenses are split 50/50 and I pay those expenses. Exwife is wanting child support for electric bill, water bill, food expenses and what other bills she cannot pay. I pay my share.
What part of 'word for word, but without the names' don't you understand? We need to know what it says - not your interpretation.

If physical custody has been changed and it went from 50:50 (which isn't clear from the above) to child being with Mom full time, then CS most certainly needs to be changed.

And if you don't agree with the change and the child is doing poorly, why did you allow it?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top