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justobehappy

Junior Member
My son lived with me for 6 months due to his mother not being able to handle his behavior, i did not ask for child support. I am tired of being dragged into court every other month, im gonna lose my job. Well heres the question due to failing in the Treatment school, and tested pos. for drugs, we got him cleaned up and got him into job corp, he now resides there he earns money and clothing allowance, medical care and well all his needs all they ask from parents is NOTHING! He gets to return home on holiday and 2 weeks out of the year. Now he went to live with her for 3 months I was the custodial gaurdian signed by a judge, and she the mother came over one day and caused a huge seen, he was cursing and threatening me and my wife, so we just chose to stand aside and let the foul mouth go, and not cause anymore of a seen, since we do not behave that way in our home. So he will be 17 in Jan. he did legally drop out of school, and she wants the 3 months of child support and wants me to continue to pay it even though he doesnt live with her and is not required to provide him with anything, so can I get her off my back by asking for that 6 months of child support, and do i have to keep paying since the gov. is providing for him? Thanks to all!
 


B

betterthanher

Guest
justobehappy said:
My son lived with me for 6 months due to his mother not being able to handle his behavior, i did not ask for child support. I am tired of being dragged into court every other month, im gonna lose my job. Well heres the question due to failing in the Treatment school, and tested pos. for drugs, we got him cleaned up and got him into job corp, he now resides there he earns money and clothing allowance, medical care and well all his needs all they ask from parents is NOTHING! He gets to return home on holiday and 2 weeks out of the year. Now he went to live with her for 3 months I was the custodial gaurdian signed by a judge, and she the mother came over one day and caused a huge seen, he was cursing and threatening me and my wife, so we just chose to stand aside and let the foul mouth go, and not cause anymore of a seen, since we do not behave that way in our home. So he will be 17 in Jan. he did legally drop out of school, and she wants the 3 months of child support and wants me to continue to pay it even though he doesnt live with her and is not required to provide him with anything, so can I get her off my back by asking for that 6 months of child support, and do i have to keep paying since the gov. is providing for him? Thanks to all!
Ok this is really difficult to follow along here...

1. Who currently has custody of the child (per a court order)?

2. Did you have legal custody per a court order during that time the child was with her?

Trying to make sense of this...she would have to prove the child lived with her. As far as child support, she isn't entitled to it. If anything, she should be paying you the support since you have custody of the child. It also sounds like an order for support doesn't even exist. You certainly can *try* to file for back support.

What luck is she having with these lawsuits she is filing? Is she winning any of them or are they being dismissed? If you have to continue taking time off of work and incurring other unncessary costs, you can certainly file a suit against her.
 

justobehappy

Junior Member
Thanks for your reply, my son lived with his mom until he was almost 16, and I have been paying her child support since he was born, we were never married. I gained my rights as a custodial parent in Dec. 2004, and became his legal gaurdian by the court, we did not ask for child support,then he went back to her without my permission or the court knowing to stay with his mom for the summer, then last week we recieve this letter, it wasnt even served it just came in the mail by the local child support office saying that she has gaurdianship of him now, im guessing there is a law or something that if he resides in her home after so many days she becomes the legal gaurdian or something, anyway I just let him go, it wasnt worth the fight, we never gave back gaurdianship he just left as far as I see it the court papers show that he lives with us until this court date comes up, and I dont want to lie or anything he took his things and I havent hardly spoke to him since. She's going back to try to get 3 months of child support he stayed with her, I saw it as a long visit since no court appearances were made to change anything but then again we are dealing with a child who is 16, i know they can say where they want to live but it never went to court.So I thought well I'll just ask for 6 months and then she'll back off, and its all just harrassment, I have a very important job I train people and open stores, and if I keep losing days at work im just gonna be fired. She hates me and has harrassed my family for years, and just keeps on taking advantage of the welfare system and tax money to just bother someone and make life harder for other people. Sorry had to put that in....but its true...thanks to replies....im in kentucky
 

BL

Senior Member
If you had Legal Guardianship and it was never changed by a Court Order ( check the Court Records to see if it was revoked ) , you should owe her squat .

Take the Order you do have as a defense ...
 

justobehappy

Junior Member
Well i am most certainly not stupid, I do however know that a woman who has lived off the system and others income all her life gets free legal advice, I dont think the county attorney would bring this to court if there wasnt something to it. I have been other forums just trying to seek experiences from others, and some who say they are attorneys say that all she has to do is prove that hes been staying there, and doesnt need to be proven in court, and then others say no, that has to be done by both of you signing a legal document or its not valid. So you're saying that even if he lived with her for 3 months I still am the cudstodial parent? I am trying to arm myself as best as I can I have not been served , I was sent document in the mail to appear in court, please tell me, what do I say, because he did not have my permission to leave my home, he just left, and we did not do anything, we just let it go due to his age. Should I even go to this hearing? Please be nice I am not a lawyer or I wouldnt be on here, I give my son what he needs when he needs it, I just dont think she should ever get anything ever again except for a JOB!!!
Thankyou
 

BL

Senior Member
Should I even go to this hearing?
Yes, you should go and do as I stated above . Prove you have legal Custody/Guardianship .

What do you say ? Sir I have a valid Custody Order that I am the Legal Guardian . As Far as I know this is the valid order . Hand a copy of it to the hearing Officer .

Did you ck. the Court's records like I recommended ?
 

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