Judge not ordering Ex Girlfriend to pay child support - Illegal?

[michtech1]

My question, maybe some what bizarre. I'm a father who obtained sole legal and sole physical custody back in 2006. The Court found my ex girlfriend unfit and also severely abused my son. Judge granted my ex girlfriend 4 days a month with my son, myself and family was outraged over the Judge decision.

Few years back contacting Child Support enforcement I questioned why my sons mother is not paying child support. Lady from child support enforcement told me that the Judge ordered for my ex not to pay child support.

Parent that has the child under 35℅ of the time by law the Judge must order the non custodial parent to pay child support. My ex hasn't payed child support roughly 10 years. Judge can do what he wants, I don't believe this is the case. My opinion this is not legal

 

[LdiJ]

My question, maybe some what bizarre. I'm a father who obtained sole legal and sole physical custody back in 2006. The Court found my ex girlfriend unfit and also severely abused my son. Judge granted my ex girlfriend 4 days a month with my son, myself and family was outraged over the Judge decision.

Few years back contacting Child Support enforcement I questioned why my sons mother is not paying child support. Lady from child support enforcement told me that the Judge ordered for my ex not to pay child support.

Parent that has the child under 35℅ of the time by law the Judge must order the non custodial parent to pay child support. My ex hasn't payed child support roughly 10 years. Judge can do what he wants, I don't believe this is the case. My opinion this is not legal

You could try filing for child support now. However, collecting could be difficult unless she is gainfully employed.

 

[Proserpina]

My question, maybe some what bizarre. I'm a father who obtained sole legal and sole physical custody back in 2006. The Court found my ex girlfriend unfit and also severely abused my son. Judge granted my ex girlfriend 4 days a month with my son, myself and family was outraged over the Judge decision.

Few years back contacting Child Support enforcement I questioned why my sons mother is not paying child support. Lady from child support enforcement told me that the Judge ordered for my ex not to pay child support.

Parent that has the child under 35℅ of the time by law the Judge must order the non custodial parent to pay child support. My ex hasn't payed child support roughly 10 years. Judge can do what he wants, I don't believe this is the case. My opinion this is not legal

Please show us the law saying that ordering no child support is illegal.

 

[single317dad]

http://www.legis.state.wv.us/wvcode/code.cfm?chap=48&art=13

There is a rebuttable presumption, in any proceeding before a court for the award of child support, that the amount of the award which would result from the application of these guidelines is the correct amount of child support to be awarded.

A rebuttable presumption is not an order, mandate, or requirement.

However:

The guidelines must be applied to all actions in which child support is being determined including temporary orders, interstate (URESA and UIFSA), domestic violence, foster care, divorce, nondissolution, public assistance, nonpublic assistance and support decrees arising despite nonmarriage of the parties. The guidelines must be used by the court as the basis for reviewing adequacy of child support levels in uncontested cases as well as contested hearings.

That clause under 48-13-701 seems to support the OP's contention, but it's from the current WV statute which was amended 2015. I don't know what the statute said in 2006, and likely never will, but a trip to the law library may answer the question. Either way, the point is moot; support for the past ten years will never be collected. Ever. Going forward, I don't see why a new order wouldn't be advisable. Maybe you get lucky and intercept a tax return or a lottery award.

 

[Proserpina]

It's moot, yes - but here's the kicker:

The guidelines must be applied to all actions in which child support is being determined including temporary orders, interstate (URESA and UIFSA), domestic violence, foster care, divorce, nondissolution, public assistance, nonpublic assistance and support decrees arising despite nonmarriage of the parties

Child support was already determined.

Don't we have a regular who had to explain this in great detail to someone very similar to the OP? Hmmm.

 

[ash_78]

My question, maybe some what bizarre. I'm a father who obtained sole legal and sole physical custody back in 2006. The Court found my ex girlfriend unfit and also severely abused my son. Judge granted my ex girlfriend 4 days a month with my son, myself and family was outraged over the Judge decision.

Few years back contacting Child Support enforcement I questioned why my sons mother is not paying child support. Lady from child support enforcement told me that the Judge ordered for my ex not to pay child support.

Parent that has the child under 35℅ of the time by law the Judge must order the non custodial parent to pay child support. My ex hasn't payed child support roughly 10 years. Judge can do what he wants, I don't believe this is the case. My opinion this is not legal

The judge should have followed the guidelines but you have given enough information to really determine if that was the case or not. If you had a good income and she had no income , little income, or was not computed with income for a variety of other reasons (sounds like she had issues) an award of $0 may have been the guideline. In any case you could have appealed the ruling at the time. You could have filed for a modification any time after that, in most states you get automatic one in three years. File now but don't expect for rearward award past the filing date as she has been following the court order.

 

[Proserpina]

The judge should have followed the guidelines but you have given enough information to really determine if that was the case or not. If you had a good income and she had no income , little income, or was not computed with income for a variety of other reasons (sounds like she had issues) an award of $0 may have been the guideline. In any case you could have appealed the ruling at the time. You could have filed for a modification any time after that, in most states you get automatic one in three years. File now but don't expect for rearward award past the filing date as she has been following the court order.

Did you read the whole thing?

 

[Silverplum]

Did you read the whole thing?

That's ash_78's thang. He comes here to ASK questions, and while he's here, he thinks he ought to ANSWER somebody else's questions. Accuracy is not his primary goal.

 

[stealth2]

ash - here is a huge difference between FA and the Boys' Club. Whereas the guys encourage posting as a means of learning, we prefer posters to learn by reading w/silent fingers. It would behoove you to remember that...