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He WANTS to pay CS but REFUSES to sign the agreement!!! HELP!!

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kidzrock

Junior Member
What is the name of your state (only U.S. law)? MS & FL

I am the CP. My daughter was born in MS but we both now reside in FL. We have lived here for 9 years, she is 10 years old. The NCP still resides in MS. We were never married. We never had a written/legal visitation or child support agreement. He would see her when I would come to MS to visit my family.

In 2005, we decided that we needed to get something in writing so he would have scheduled visitations with her. The final agreement was for him to have her 4 non-consecutive weeks in the summer, one week for Christmas, every other Thanksgiving and every Spring Break. We agreed to rotate taxes. He was required to provide all of her insurances (medical, dental & vision). At first the Judge required us to meet half-way for visitation with each person providing their own way financially. He was also required to pay $269 in CS. He was to write me a personal check each month. This agreement lasted for about 3 months when he took me back to court. He informed me that he couldn't drive half-way and pay child support. He said that he would come to pick up/drop off daughter in Florida in lieu of paying child support since he only saw her a few times a year anyways. I agreed because at the time he was working P/T at a home improvement store. He told me that he was going to attend the local police acedemy school so he could get a better job.

In early 2010 he became a full-time police officer. I told him that she needed CS because it was getting harder to do everything myself. I told him I would be happy to meet him half-way and pay my own travel cost as per our first agreement. I asked him if we could just settle out of court.....long story short, he would never agree to do so. In late 2010 I told him that I was going to take him to court....a week later I got served papers from his attorney stating I needed to appear in court a month later becuse HE WANTED to pay child support & modify our current visitation agreement. Needless to say, I was impressed that he took the first real step. This was in February 2011!

I immedietely went out and hired an attorney. We verbally agreed to allow him to have her 4 consecutive weeks in the summer, rotating spring break, us meeting half-way, me getting all the tax benefits and him pay $260 ($130 taken from his check twice a month). We have had 3 unsucessful court dates since 2/2011. He is refusing to sign the agreement that we BOTH agreed to in the first place. He served me and its over a year later and NOTHING!!! I even allowed him to have her last summer for 4 weeks consecutive without an agreement. His attorney told mine that he wants to pay me directly. He REFUSES to sign if his employer or the state get involved. Does anyone know if this benefits him? What can I do? My attorney said a MS Judge will not force a NCP to pay through the State if he is not a "deadbeat parent".

Our last court date was scheduled for 2/28/2012. The night before my attorney calls me and tells me that they have decided to sign the order and NOT go to court. Guess what????? It's 3/23/2012 and NOTHING! I asked my attorney to contact the Court Administrator to see if the Judge will force the issue. She told me that we have to schedule a Trial Date which is set for 4/4 before we know when we go back to court. She said it looks like June or July. What can I do about child support he WANTED to pay in the first place?

Also what can I do about her medical, dental and vision he dropped when this whole thing started in late 2010? Since the State of MS has Jurisdicition can the State of FL open a CS case and drop the CS case in MS but leave the visitiation order open? Keep in mind that my attorney and his are really good friends. She said he was her "favorite" to work with. I just want to know what is taking so long and what I can do. Thank you for reading and I look forward to hearing your advise!!!
 
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Artemis_ofthe_Hunt

Senior Member
What is the name of your state (only U.S. law)? MS & FL

I am the CP. My daughter was born in MS but we both now reside in FL. We have lived here for 9 years, she is 10 years old. The NCP still resides in MS. We were never married. We never had a written/legal visitation or child support agreement. He would see her when I would come to MS to visit my family. In 2005, we decided that we needed to get something in writing so he would have scheduled visitations with her. The final agreement was for him to have her 4 non-consecutive weeks in the summer, one week for Christmas, every other Thanksgiving and every Spring Break. We agreed to rotate taxes. He was required to provide all of her insurances (medical, dental & vision). At first the Judge required us to meet half-way for visitation with each person providing their own way financially. He was also required to pay $269 in CS. He was to write me a personal check each month. This agreement lasted for about 3 months when he took me back to court. He informed me that he couldn't drive half-way and pay child support. He said that he would come to pick up/drop off daughter in Florida in lieu of paying child support since he only saw her a few times a year anyways. I agreed because at the time he was working P/T at a home improvement store. He told me that he was going to attend the local police acedemy school so he could get a better job. In early 2010 he became a full-time police officer. I told him that she needed CS because it was getting harder to do everything myself. I told him I would be happy to meet him half-way and pay my own travel cost as per our first agreement. I asked him if we could just settle out of court.....long story short, he would never agree to do so. In late 2010 I told him that I was going to take him to court....a week later I got served papers from his attorney stating I needed to appear in court a month later becuse HE WANTED to pay child support & modify our current visitation agreement. Needless to say, I was impressed that he took the first real step. This was in February 2011! I immedietely went out and hired an attorney. We verbally agreed to allow him to have her 4 consecutive weeks in the summer, rotating spring break, us meeting half-way, me getting all the tax benefits and him pay $260 ($130 taken from his check twice a month). We have had 3 unsucessful court dates since 2/2011. He is refusing to sign the agreement that we BOTH agreed to in the first place. He served me and its over a year later and NOTHING!!! I even allowed him to have her last summer for 4 weeks consecutive without an agreement. His attorney told mine that he wants to pay me directly. He REFUSES to sign if his employer or the state get involved. Does anyone know if this benefits him? What can I do? My attorney said a MS Judge will not force a NCP to pay through the State if he is not a "deadbeat parent". Our last court date was scheduled for 2/28/2012. The night before my attorney calls me and tells me that they have decided to sign the order and NOT go to court. Guess what????? It's 3/23/2012 and NOTHING! I asked my attorney to contact the Court Administrator to see if the Judge will force the issue. She told me that we have to schedule a Trial Date which is set for 4/4 before we know when we go back to court. She said it looks like June or July. What can I do about child support he WANTED to pay in the first place? Also what can I do about her medical, dental and vision he dropped when this whole thing started in late 2010? Since the State of MS has Jurisdicition can the State of FL open a CS case and drop the CS case in MS but leave the visitiation order open? Keep in mind that my attorney and his are really good friends. She said he was her "favorite" to work with. I just want to know what is taking so long and what I can do. Thank you for reading and I look forward to hearing your advise!!!
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