Being sued for back support

[Jennky]

What is the name of your state? Kentucky

I want to know if my ex can sue for back support for the 6 months before there was even any precedings started against me ?

I was in Canada at the time he went to court to sue for custoday of our daughter . I was not notified by mail or phone about the court date and new nothing of it until it was already done .

My ex's legal aide lawyer told the judge that he tried to contact me , but the mail system doesn't work the same in Canada as it does in the US and therefore he couldn't contact me .

So they went forth with the case , awarded him custody and ordered me to pay child support based on an income of 40 hours per week at $5.15 an hour . I am on disability and at that time was getting $627.00 a month , which he knew .

So I've been paying the support since November 2006 . As of Feb. 2007 our daughter moved back home with me and then at the end of April 2007 she moved out and moved in with a friend and hasn't been living with either of us . I have continued to pay my support , but her father isn't giving her anything .

She got sick and needed money to go to the doctor and get meds and he was only willing to give her $50.00 when he hasn't been giving her anything for the past 6 months . She told him that is her legal gaurdian even though she's 18 , because she won't graduate until may 2008 and that he's supposed to be responisble for her well being . She told him she is going to contact the Child Support office and he told her if she does , he is going to take me back to court and sue me for the 6 months that she lived with him before he actually got custody of her .

Can he do that now ? Isn't he responsible to take care of her until she graduates high school , just as it's mine to pay the support until she graduates ?

I checked into getting the child support amount modified according to my income and was told it was too late . Something about there having to be at least 18 months left until the child is emancipated . They said the only other way is for me to get a lawyer and go to court , which I cannot afford .

I was told by 3 different lawyers and the judges secretary secretary that resided over the case , that legally it should never have been able to go before the judge without proof that i knew about it so i could be there or have someone there to represent my interests .

I just want to know what my rights are , what my daughter's rights are and what can be done .

Thanks ,

jennWhat is the name of your state?

[Ohiogal]

Why the hell is this CHILD living with NEITHER of the parents? Why haven't you gone for custody of this child? This CHILD should NOT be paid ANY child support.

[Jennky]

Because she is 18 years old , however she won't graduate until she is almost 19 . She won't live with me because she has an allergy to rules and respect . She won't live with him because he's a self-centered jerk who cares about nothing but partying and getting drunk .

She was 17 when he did this and he only did it then to get out of paying child support . He did everything he could to convince her to come live with him and help him get custody . He promised her a car and even told her that he would give the child suppor to her when it came . He did get her an old junker car that won't get her a mile down the road without breaking down , but after he got the custody , he wouldn't let her drive it anymore . He never gave her the first child support payment until she moved out of my house and away from me .

I just spoke to a lawyer this morning that told me he cannot go after back support since there was no order in effect and he didn't ask for it when he went to court originally .

The lady at the child support enforcement office told me that there is nothing that can be done on my daughter's behalf . She said if the child isn't living with either of us , the court will consider that she is an adult and therefore needs no support from eithr of us .

This was the first time she had asked him for any thing since she moved out of my home in April 2007 and he told her it wasn't his problem . i don't see how he can't be held responisble for her well being and having to make sure she has what she needs when he is her legal guardian . If i didn't pay my support , they'd be here to arrest me , but he doesn't do his part and we're told there is nothing that can be done , unless she wants to get a lawyer and get emanciapted . That won't help her though , all that will do is release him from being her guardian .

I hate this hick town we live in and the joke of a justice system we have . If i could afford it i would get an attorney and get custody back , but I can't . I have 3 other children that I have to raise as well .

I'm just sick of him threatening me and even more so that he's doing it to our daughter and it works on her .

[moburkes]

mail system doesn't work the same in Canada as it does in the US

Funny.

she has an allergy to rules and respect

Funnier!

[Jennky]

Also , is there nothing that can be done concerning that this judge went ahead with this case knowing full weel that legally he was NOT supposed to without proof that i had no knowledge of it ?

I tried to speak to him and he yelled at me and cursed at me before hanging up on me . I don't think that's a very professinal way for a Circuit Judge to handle themselves . Is there anything that I can do about this ? I didn't raise my voice to him and I certainly curse at him .

I'm am so upset over this that I am a nervous wreck right now

[moburkes]

Originally Posted by Jennky

Also , is there nothing that can be done concerning that this judge went ahead with this case knowing full weel that legally he was NOT supposed to without proof that i had no knowledge of it ?

I tried to speak to him and he yelled at me and cursed at me before hanging up on me . I don't think that's a very professinal way for a Circuot Judge to handle themselves . Is there anything that I can do about this ? I didn't raise my voice to him and I certainly curse at him .

I'm am so upset over this that I am a nervous wreck right now

You lost me on that one. How are you saying that the judge KNEW that you simply didn't show up to court?

[CLBKLCDTB]

She got sick and needed money to go to the doctor and get meds and he was only willing to give her $50.00 when he hasn't been giving her anything for the past 6 months . She told him that is her legal gaurdian even though she's 18 , because she won't graduate until may 2008 and that he's supposed to be responisble for her well being . She told him she is going to contact the Child Support office and he told her if she does , he is going to take me back to court and sue me for the 6 months that she lived with him before he actually got custody of her .

Can he do that now ? Isn't he responsible to take care of her until she graduates high school , just as it's mine to pay the support until she graduates ?


He can try, but I doubt he will get it. If he were to want retroactive support for those first six months he should have asked for it when he filed in the first place. It is to late now.

Not sure about Kentucky, but in NY both parents are responsible for a child untill they are 21. Unless they are not living at home..not in school...get married...ect.

[CLBKLCDTB]

Originally Posted by Jennky

Because she is 18 years old , however she won't graduate until she is almost 19 . She won't live with me because she has an allergy to rules and respect . She won't live with him because he's a self-centered jerk who cares about nothing but partying and getting drunk .

She was 17 when he did this and he only did it then to get out of paying child support . He did everything he could to convince her to come live with him and help him get custody . He promised her a car and even told her that he would give the child suppor to her when it came . He did get her an old junker car that won't get her a mile down the road without breaking down , but after he got the custody , he wouldn't let her drive it anymore . He never gave her the first child support payment until she moved out of my house and away from me .

I just spoke to a lawyer this morning that told me he cannot go after back support since there was no order in effect and he didn't ask for it when he went to court originally .

The lady at the child support enforcement office told me that there is nothing that can be done on my daughter's behalf . She said if the child isn't living with either of us , the court will consider that she is an adult and therefore needs no support from eithr of us .

This was the first time she had asked him for any thing since she moved out of my home in April 2007 and he told her it wasn't his problem . i don't see how he can't be held responisble for her well being and having to make sure she has what she needs when he is her legal guardian . If i didn't pay my support , they'd be here to arrest me , but he doesn't do his part and we're told there is nothing that can be done , unless she wants to get a lawyer and get emanciapted . That won't help her though , all that will do is release him from being her guardian .

I hate this hick town we live in and the joke of a justice system we have . If i could afford it i would get an attorney and get custody back , but I can't . I have 3 other children that I have to raise as well .

I'm just sick of him threatening me and even more so that he's doing it to our daughter and it works on her .

Exactly

[Jennky]

Originally Posted by moburkes

You lost me on that one. How are you saying that the judge KNEW that you simply didn't show up to court?

Because I was in Canada at the time my ex took this court and no one notified me by mail or phone to let me know of this hearing . The legal aide attorney told the judge that he DID try to contact me , but the mail system doesn't work the same in Canada as it does in the states , so he had no way of contacting me .

So they went ahead with the case on the legal aides word that he "tried to reach me , but couldn't " . The mail is the exact same and even if it weren't , he could have called and spoke to me to let me know .


Also , my original post should have said that he had no proof that i KNEW of the hearing . Sorry for typo

[SingleMom67]

Originally Posted by Jennky

Because I was in Canada at the time my ex took this court and no one notified me by mail or phone to let me know of this hearing . The legal aide attorney told the judge that he DID try to contact me , but the mail system doesn't work the same in Canada as it does in the states , so he had no way of contacting me .

So they went ahead with the case on the legal aides word that he "tried to reach me , but couldn't " . The mail is the exact same and even if it weren't , he could have called and spoke to me to let me know .


Also , my original post should have said that he had no proof that i KNEW of the hearing . Sorry for typo

I find this story hard to believe. You would have had to have been served. The judge would have required proof of direct service, proof of service through the mail, or proof of service through publication.

[Silverplum]

Originally Posted by CLBKLCDTB

Not sure about Kentucky, but in NY...

It's nice to want to help. It's far better to give state-specific, accurate info. Here's an excellent CS link you could bookmark to get you ready for good helping:
[url]http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=KY[/url]

That particular page goes to KY CS info. In future use, just change the last two letters to the proper state abbreviation.

[Silverplum]

Originally Posted by SingleMom67

I find this story hard to believe. You would have had to have been served. The judge would have required proof of direct service, proof of service through the mail, or proof of service through publication.

Seconded. Or thirded, or wherever I am in line to verify this reasonable truth.

[SingleMom67]

Originally Posted by Silverplum

Seconded. Or thirded, or wherever I am in line to verify this reasonable truth.

......**************.....

[Jennky]

Originally Posted by SingleMom67

I find this story hard to believe. You would have had to have been served. The judge would have required proof of direct service, proof of service through the mail, or proof of service through publication.

I don't want to take this wrong , but it sounds like you're saying that I'm making this up . If I'm reading it wrong , then i apologize in advance .

if not , here's my reply :

I'm froma very small town, Liberty KY , much like Mayberry to be exact . No papers were served on me , no reistered letter , no phone call , no anything . They were not going to publish and article in the paper there either in another country . Maybe they should have , but they didn't . You have to understand how small and outdated this town is that i live in .

Remember , I was in Ontario Canada at the time . That was his attorney's argument for not being able to notify me . he claimed the mail system doesn't work the same as it does here , which is a lie because i have gotten registered mail there before .

The judge WAS required to have proof that I was aware of what was going on , but he DID not have it and went on with the case anyway .

If anyone chooses not to believe me , that's your right , but give me one reason as to why I'd come here and make up this up ? I really don't appreciate being accused of lying if that is indeed what you're doing . I came here seeking advice , not ridicule .

[LdiJ]

I suggest that you file to terminate child support based on the fact that the child is over 18, and is not living with either of you.

Then, once it gets terminated, you can use the money that you were paying for support, directly to cover part of your daughter's needs. Its better than the money ending up in dad's pocket and not doing your daughter any good.