Mom hasthreatened to take me to court if I work full time.

[Az.guy]

What is the name of your state (only U.S. law)? Ca.
We were never married and I have 50% visitation. I take care of our son when she works (nights) and when she goes out. I take him to all his medical and dental appointments.She makes 80K a year I made 16K last year and have been on social security for disability since our child was born. We split when my son was 4 yrs old.

When I told her I might be offered salaried job she said if I take full time job she take me court for back child support. We never had any child support agreement. She doing it out of spite. I don't mind paying my fair share but the difference in our salaries would be hers is 45K more a year.

Can she sue me and win for back child support when we had no prior agreement?

Thank You

 

[mistoffolees]

What is the name of your state (only U.S. law)? Ca.
We were never married and I have 50% visitation. I take care of our son when she works (nights) and when she goes out. I take him to all his medical and dental appointments.She makes 80K a year I made 16K last year and have been on social security for disability since our child was born. We split when my son was 4 yrs old.

When I told her I might be offered salaried job she said if I take full time job she take me court for back child support. We never had any child support agreement. She doing it out of spite. I don't mind paying my fair share but the difference in our salaries would be hers is 45K more a year.

Can she sue me and win for back child support when we had no prior agreement?

Thank You

No. She can only ask for child support starting on the date she files, in most cases.

If she does file, it may backfire on her. If you have 50/50 parenting time and she's making a lot more than you, then SHE could end up paying CS to you.

However, I'm not sure you actually have 50/50 parenting time. Parenting time is normally determined by overnights. How many nights a year does the child spend with you and how many with Mom? Taking care of the child while Mom works or goes out isn't going to help all that much in terms of child support. It very well might affect an initial custody determination. If you can show that you have been the primary caretaker, you may be able to argue that you should have primary physical custody (if that's what you want and think is best for the child).

 

[TheGeekess]

Short answer: Yes.

 

[Antigone*]

If you have the child 50% of the time and there is such a disparity in income now, why haven't you filed for child support?

 

[muchneededhelp]

Short answer: Yes.

How could she sue for back child support if there was never a previous order?

... not arguing, just wondering if there is something I don't know

 

[Antigone*]

How could she sue for back child support if there was never a previous order?

... not arguing, just wondering if there is something I don't know

I'm sure Geekess was giving the short answer to only part of the question.

 

[muchneededhelp]

I'm sure Geekess was giving the short answer to only part of the question.

Ahh. Well then, move along! Nothing to see here

 

[Az.guy]

I'm not suing for child support, she has threatened to sue me for child support if I work full time. I typically have my son 3 night, 4 days a week. Thanks

 

[Proserpina]

If you're on disability, how are you earning $16k/year?

 

[LdiJ]

I would recommend that everyone read his other thread from today (or maybe yesterday) before giving him any firm advice on this issue.

 

[Proserpina]

I would recommend that everyone read his other thread from today (or maybe yesterday) before giving him any firm advice on this issue.

I'm still confused.

If OP is on SSDI, there is a limit to what he can earn and it's markedly less than $16k.

If OP is on SSI, earning $16k would wipe out the SSI completely.

That ASSumes OP is actually reporting said income of course.

 

[Antigone*]

I'm still confused.

If OP is on SSDI, there is a limit to what he can earn and it's markedly less than $16k.

If OP is on SSI, earning $16k would wipe out the SSI completely.

That ASSumes OP is actually reporting said income of course.

This guy is all over the place.

Tigi is out of this one

 

[SESmama]

Oh, so this is THAT guy.

The one who refuses to allow his time with child outside of Mom's house and wants a judge to make mom allow such visits in HER home.

 

[LdiJ]

Oh, so this is THAT guy.

The one who refuses to allow his time with child outside of Mom's house and wants a judge to make mom allow such visits in HER home.

Right...he has 50% on paper but he is not providing 50% of the child's support because all his visitation takes place at mom's house, therefore mom is providing at least 100% of the child's basic needs. (food, shelter, utilities etc.).

Since dad has 50% on paper if dad is on SSDI and the child is receiving a benefit, dad would be collecting that benefit, not mom.

 

[mistoffolees]

Right...he has 50% on paper but he is not providing 50% of the child's support because all his visitation takes place at mom's house, therefore mom is providing at least 100% of the child's basic needs. (food, shelter, utilities etc.).

Since dad has 50% on paper if dad is on SSDI and the child is receiving a benefit, dad would be collecting that benefit, not mom.

So he's not spending a penny to support the child and is getting SSDI in the child's name to line his own pockets.

No wonder Mom is asking for CS. I hope she gets it (or at least gets the SSDI).