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Back child support with no court order?

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cnfusedfather

Junior Member
What is the name of your state? Tennessee

My wife and seperated in mid-november, the divorce is not final yet, and no court order has been issued for child support, now she is suing for back child support since november, can she do that?
 


I AM ALWAYS LIABLE

Senior Member
cnfusedfather said:
What is the name of your state? Tennessee

My wife and seperated in mid-november, the divorce is not final yet, and no court order has been issued for child support, now she is suing for back child support since november, can she do that?

My response:

Sure she can!

What makes you think that only ONE parent is responsible for the maintenance of YOUR child?

IAAL
 
Y

youdontknowme

Guest
cnfusedfather said:
What is the name of your state? Tennessee

My wife and seperated in mid-november, the divorce is not final yet, and no court order has been issued for child support, now she is suing for back child support since november, can she do that?
Yeah they can because they weren't smart enough to think of it back then.
 
Y

youdontknowme

Guest
I AM ALWAYS LIABLE said:
My response:

Was that dufus joke?

IAAL
No, it's called truth. She couldn't file for support THEN? They never seem to think of it until they are in some sort of financial straits (can't make ends meet now, pay bills, etc.). I guess the "welfare" of the child wasn't important until now. Hmm...it probably isn't now.

Don't get me wrong...I am in agreement with you that both parents need to support the child, but the timing of "back support" questions is usually not because of the child overall.
 

LdiJ

Senior Member
youdontknowme said:
No, it's called truth. She couldn't file for support THEN? They never seem to think of it until they are in some sort of financial straits (can't make ends meet now, pay bills, etc.). I guess the "welfare" of the child wasn't important until now. Hmm...it probably isn't now.

Don't get me wrong...I am in agreement with you that both parents need to support the child, but the timing of "back support" questions is usually not because of the child overall.
Not is this case.. this is a recent and ongoing divorce....its totally normal for CS to go back to the date of separation.....AND....I suspect that dad probably wasn't "stepping up to the plate".....which means that mom was probably struggling. Separations are virtually guaranteed to cause at least an initial financial struggle.

AND....I think that Idoknowyou....so how come?
 

BelizeBreeze

Senior Member
Tennessee will allow a parent to file for custody and visitation rights without a legal divorce, so support can be issued. Temporary custody must be decided prior to filing a petition for support. In this situation both parents have an equal right to have the children live with them, unless records show past abuse.

Absent a petition for support there is no such obligation, except as a slug who doesn't take care of his children.
 

cnfusedfather

Junior Member
no order

my whole thing is we have NEVER seen a judge about a court order, the mother is making ends meet, and in fact i have given her money whenever she asked for it, no cutody hearning hasnt happened either, this just dosnt make any sense to me
 

I AM ALWAYS LIABLE

Senior Member
cnfusedfather said:
my whole thing is we have NEVER seen a judge about a court order, the mother is making ends meet, and in fact i have given her money whenever she asked for it, no cutody hearning hasnt happened either, this just dosnt make any sense to me

My response:

Yeah, I know it doesn't make any sense to you. Why should it?

Why would making regular monthly support payments for YOUR child make any sense?

Why would you make payments for YOUR child unless there's a court order FORCING you to make payments?

Duh, I dunno!

What a piece of trailer trash loser.

IAAL
 

cnfusedfather

Junior Member
i dont think thats very fair, i have given her money whenever she asked for it, i have my son all the time, and its not like im not taking care of him, but since i didnt ask her for recipts shes filing since she served me with the divorce papers, witch will equal a thousand dollars, i just dont think its very fair since i have given her money repedetly
 

Crazed98

Member
cnfusedfather said:
i dont think thats very fair, i have given her money whenever she asked for it, i have my son all the time, and its not like im not taking care of him, but since i didnt ask her for recipts shes filing since she served me with the divorce papers, witch will equal a thousand dollars, i just dont think its very fair since i have given her money repedetly

If you don't have any proof that you gave her that money you are screwed.
 

mom2sm2

Junior Member
I agree if you don't have proof of the money you handed to her you will I am sure pay back child support to the time you seperated.

My fiance went thru this with his ex paying her with out a court order but he wrote her checks and keep copies of them. So when she decided to go to CSE she asked for back support and he took all the copies he had and bank statements where they were cashed to the CSE and so they decided against going for back child support and he starting paying thru wage garnishments from the day ex filed and it was court ordered. She however did end up getting less that what he was paying her "under the table" so to speak.

This might not be the same in all cases I don't know but it helped him.
 

xKellyx

Member
cnfusedfather said:
i dont think thats very fair, i have given her money whenever she asked for it, i have my son all the time, and its not like im not taking care of him, but since i didnt ask her for recipts shes filing since she served me with the divorce papers, witch will equal a thousand dollars, i just dont think its very fair since i have given her money repedetly

wow a whole thousand dollars since last november? thats almost a year, do you realize how much it costs to raise a child?

Also, LEARN HOW TO SPELL, It's probably a good thing she left you, hopefully she does better.
 

mom2sm2

Junior Member
xKellyx said:
wow a whole thousand dollars since last november? thats almost a year, do you realize how much it costs to raise a child?

Wow I didn't catch that. You are right a lot of dads pay that much just about in one month or somewhere close to it.
 

xKellyx

Member
mom2sm2 said:
Wow I didn't catch that. You are right a lot of dads pay that much just about in one month or somewhere close to it.

So far he has paid about 100 a month, you can barely feed a child off that, let alone take them and pick them up from school with the cost of gas these days. What about providing a roof over their head and putting clothes on their backs? This guy is a joke.
 

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