Closed Thread
Results 1 to 9 of 9
  1. #1
    nicknitro2002 is offline Junior Member
    Join Date
    Feb 2012
    Posts
    9

    non custodial but, have child

    texas -I am in Texas currently not the custodial parent but do have custody of our son since Aug 2011 and will continue to have him she got in trouble. My current child support was stopped but I have to continue paying back child support of 154.00 a week- my question is once i become custodial parent can I file to receive child support from her even tho I am paying back child support
  2. #2
    meanyjack is offline Member
    Join Date
    Dec 2008
    Location
    Ohio
    Posts
    658
    Quote Originally Posted by nicknitro2002 View Post
    texas -I am in Texas currently not the custodial parent but do have custody of our son since Aug 2011 and will continue to have him she got in trouble. My current child support was stopped but I have to continue paying back child support of 154.00 a week- my question is once i become custodial parent can I file to receive child support from her even tho I am paying back child support
    Have you actually filed anything in court to make it LEGAL that you're the custodial parent?

    And yes, you can still file for child support. What will probably happen is that what she will be ordered to pay will be offset with back support. Quite honestly, you should've filed for all of this already. Unless the court system is THAT backed up there.
  3. #3
    nicknitro2002 is offline Junior Member
    Join Date
    Feb 2012
    Posts
    9
    I have not filed anything with court to make it legal- I just went to court yesterday - ( i hired an attorney so, I could get a warrant taken care of to modify child support order ) because they were try'n to put me in jail ( 180 days) for me being in the rears and I had a warrant for contempt of court for missing a court date in 2010 for child support- the Judge dropped my warrant ( he wasn't happy but, he did it ),dropped current child support ,and dropped jail time - (i just need to pay all back child support -) cause I have been paying weekly for a good period of time - even tho I am way behind- and most importantly I have had custody of our son- it's taken me some time to get to court cause it's hard to pay 154.00 a week and pay for everything for our son- she is not helping and she got in trouble with CPS for drug use ( not first time ) and I feel all I am doing is buying her dope for her- now that this part is taken care of- I have to figure a way to become Custodial Parent but, I can't keep paying for attorney cause I just can't affort this and I want to file for child support from her- this is possible ?
    Last edited by nicknitro2002; 02-23-2012 at 06:12 AM.
  4. #4
    meanyjack is offline Member
    Join Date
    Dec 2008
    Location
    Ohio
    Posts
    658
    Quote Originally Posted by nicknitro2002 View Post
    I have not filed anything with court to make it legal- I just went to court yesterday - ( i hired an attorney so, I could get a warrant taken care of to modify child support order ) because they were try'n to put me in jail ( 180 days) for me being in the rears and I had a warrant for contempt of court for missing a court date in 2010 for child support- the Judge dropped my warrant ( he wasn't happy but, he did it ),dropped current child support ,and dropped jail time - (i just need to pay all back child support -) cause I have been paying weekly for a good period of time - even tho I am way behind- and most importantly I have had custody of our son- it's taken me some time to get to court cause it's hard to pay 154.00 a week and pay for everything for our son- she is not helping and she got in trouble with CPS for drug use ( not first time ) and I feel all I am doing is buying her dope for her- now that this part is taken care of- I have to figure a way to become Custodial Parent but, I can't keep paying for attorney cause I just can't affort this and I want to file for child support from her- this is possible ?
    Honestly, you don't need an attorney for this.

    You simply file a motion for a change of custody and attach proof you have physical custody of the child and why (drug use & other supporting docs from CPS, for example). The court schedules a date for a hearing. Gather your other evidence. In the same motion, you can probably also file for child support (check your statutes; you might have to file a sep. motion).
    If you have proof you've had physical custody since August, 2011, it won't hurt to motion the court to have your back support paid calculated to August, 2011 so you're not paying back support for a period of time YOU actually had custody.
  5. #5
    nicknitro2002 is offline Junior Member
    Join Date
    Feb 2012
    Posts
    9
    as of yesterday the court does know I have custody and have had since August - i just had to take care of the warrant i had - baby steps I have to take- to make things right -
  6. #6
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    65,918
    Quote Originally Posted by nicknitro2002 View Post
    as of yesterday the court does know I have custody and have had since August - i just had to take care of the warrant i had - baby steps I have to take- to make things right -
    Keep in mind that if it does get ordered that she has to pay you child support, most likely that support would simply be deducted from the arrears you owe until you have finally paid everything back (either thru your payments or thru deductions for the support she is to pay).

    If she is as you describe, actually collecting any cash from her would be unlikely.
  7. #7
    TheGeekess is offline Senior Member
    Join Date
    Nov 2007
    Location
    The Heart o' Dixie
    Posts
    9,823
    Quote Originally Posted by nicknitro2002 View Post
    texas -I am in Texas currently not the custodial parent but do have custody of our son since Aug 2011 and will continue to have him she got in trouble. My current child support was stopped but I have to continue paying back child support of 154.00 a week- my question is once i become custodial parent can I file to receive child support from her even tho I am paying back child support
    Are these arrears owed to the State? Was Mom on state aid at any time?
  8. #8
    nicknitro2002 is offline Junior Member
    Join Date
    Feb 2012
    Posts
    9
    Mother has never had an aid she makes to much. My cs is owed to her
  9. #9
    nicknitro2002 is offline Junior Member
    Join Date
    Feb 2012
    Posts
    9
    0fa9c152Miscellaneous Options
    Automatically parse links in text
    Automatically retrieve titles from external links
    Disable smilies in text

Similar Threads

  1. Replies: 3
    Last Post: 12-12-2011, 02:17 PM
  2. Replies: 2
    Last Post: 09-13-2011, 03:23 PM
  3. Replies: 24
    Last Post: 03-16-2011, 10:09 AM
  4. Replies: 2
    Last Post: 03-15-2011, 09:13 PM
  5. Can non-custodial parent charge custodial parent for child care costs during visits
    By exhausted in NY in forum Child Custody & Visitation
    Replies: 12
    Last Post: 07-30-2009, 12:29 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.