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[allgone]

What is the name of your state?What is the name of your state?TN

I don't know what to do.


I have an 12 year old son who his father has full custody of. The reason for this is because at the age of 19 when my son was two we had an house fire. I was a single mom. He went to court with his lawyer and I didn't have one and asked for custody of my son. I didn't have anywhere to stay and no family to help. Me and my son was staying at the homeless place. The court give him full custody saying I was an unfit mom. For years he didn't want me to have any contact with his so he moved around alot. Just four months ago I find out where he was staying and starting seeing him on the regular.


Over all the years I'v got an husband who is now disabled and four children inculding an 7month old. My disabled husband is not working and waiting on SSI to come in. I work and only make 10 dollars an hour.

The father of my 12 year old son his a wife with no child and only my son to care for .

He is now asking for 450.00 in child support.

I don't know what to do. We are not able to pay that.

My son father is not working and his wife clean housing for a living.

What can I do?
Here in Tennessee they have a new law. That now they look at both households before they order child support payments.

Can someone give me some fed back Please.

 

[Silverplum]

Here's a bunch of links to get you started in your legal research:

http://www.tba.org/LawBytes/T8.html

http://www.state.tn.us/humanserv/

http://www.state.tn.us/humanserv/child-support.htm

http://www.state.tn.us/sos/rules/1240/1240-02/1240-02-04.pdf

http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=TN

There's a few things we'd need to know to give good "advice." For instance, is the CS order from TN? Or from another state? If not TN, then most of the links I posted are pretty much worthless. You need info on the state from which the order was issued.

Is the order already set, or is your X just whipping the amount of $450 out of thin air?

If the order is already set, did the court impute an income to your X? Was the "new law that looks at income from both households" in effect then, or did it take effect afterward?

Does the order include arrears?

 

[allgone]

Here's a bunch of links to get you started in your legal research:

http://www.tba.org/LawBytes/T8.html

http://www.state.tn.us/humanserv/

http://www.state.tn.us/humanserv/child-support.htm

http://www.state.tn.us/sos/rules/1240/1240-02/1240-02-04.pdf

http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=TN

There's a few things we'd need to know to give good "advice." For instance, is the CS order from TN? Or from another state? If not TN, then most of the links I posted are pretty much worthless. You need info on the state from which the order was issued.

Is the order already set, or is your X just whipping the amount of $450 out of thin air?

If the order is already set, did the court impute an income to your X? Was the "new law that looks at income from both households" in effect then, or did it take effect afterward?

Does the order include arrears?

The child support order is not set yet

 

[Silverplum]

Okay, the support is not yet court-ordered.

Do the father and the child live in TN as well as you?

Has the father hired a lawyer? Has he gotten the CS Enforcement people involved? What sorts of paperwork have you received, and from whom? Have financial documents been exchanged in order to come up with the amount of $450/month?

Have you ever paid anything for the kid's support? Was there EVER a court order for support?

 

[allgone]

Okay, the support is not yet court-ordered.

Do the father and the child live in TN as well as you?

Has the father hired a lawyer? Has he gotten the CS Enforcement people involved? What sorts of paperwork have you received, and from whom? Have financial documents been exchanged in order to come up with the amount of $450/month?

Have you ever paid anything for the kid's support? Was there EVER a court order for support?

Yes the father live in TN
I don't know if he has an Lawyer.
I got an letter from Juvenile Court of Memphis and Shelby County saying that we have an Hearing and that the requested this amount.

I havn't paid anything.

 

[allgone]

On what grounds can I ask for custody back.

I would like to do this before he moves again.

 

[Silverplum]

Yes the father live in TN
I don't know if he has an Lawyer.
I got an letter from Juvenile Court of Memphis and Shelby County saying that we have an Hearing and that the requested this amount.

I havn't paid anything.

Well, then all proceedings will take place in TN, therefore all the links I gave you are valid for your needs. You're going to need to do a lot of reading to help yourself out if you don't plan to hire a lawyer.

Make sure he has an income imputed to him in the calculations of support. He and you BOTH are responsible for supporting your child.

Custody is extremely difficult and expensive to change. I'd focus now on getting a CS order in place and getting my relationship with my kid on track.

 

[VeronicaGia]

On what grounds can I ask for custody back.

I would like to do this before he moves again.

So let me see if I have this right:

Your son is 12. Dad has had custody since the child was 2. You have no court order to pay support and don't mention whether you've paid dad directly or not, so I assume you've not paid.

You are now married to someone who is disabled, you have 4 kids with him that neither of you can support on your $10.00/hour, and you still don't want to support the first one you had. And now you want to file for custody so you can have five kids you cannot support in your house. Does that about sum it up?

First, judges see this all the time. One person goes for support, the other files custody, so my guess is you don't have a chance. You have no reason to file for custody since the child is apparently doing just fine. Your main goal is to get out of paying support even though you've virtually never supported this child.

Stop having kids, get a second job and support the kids you already have. That is my advice.

 

[allgone]

So let me see if I have this right:

Your son is 12. Dad has had custody since the child was 2. You have no court order to pay support and don't mention whether you've paid dad directly or not, so I assume you've not paid.

You are now married to someone who is disabled, you have 4 kids with him that neither of you can support on your $10.00/hour, and you still don't want to support the first one you had. And now you want to file for custody so you can have five kids you cannot support in your house. Does that about sum it up?

First, judges see this all the time. One person goes for support, the other files custody, so my guess is you don't have a chance. You have no reason to file for custody since the child is apparently doing just fine. Your main goal is to get out of paying support even though you've virtually never supported this child.

Stop having kids, get a second job and support the kids you already have. That is my advice.

I don't want to get of paying child support. I haven't seen my child until around xmas of 04 and whenever I would find them his father would get up and move. Around Dec 17 I had to take the police over there with my court order in order for him to let my son come over. I even give him the copy of the visitation order just if he didn't have one. Twice since I have had to take the police over there because he didn't want to let him go. I never wanted my son to live with his father. Just because I have other children and a husband does not mean I don't still want him. I didn't want his father to have custody in the 1st place. I was young and still is. But I know now. Me and my family are happy. We are not needing for nothing. I don't want the judge to think that I don't want to pay child support. When my husband was working he made 75000 a year. We never saved. We don't have any debt and our house is paid for. I love all my kids for you to say that without knowing everything is wrong.