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Is this possible? Child support paid to the NONCUSATODIAL parent?

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HolyCow

Junior Member
What is the name of your state? Oregon/Arizona

Current support order was made in Oregon. Husband and I live in Arizona and he has full legal custody. The children visit their Mother 93 days a year.

The decree states that husband was to pay 5000.00 per month in spousal support for 4 years so she could go to school and get a job. The support then would drop to 1500 for the next 4 years. No mention if support would stop if there was a marriage on her part.

Exwife got married to her atty. last June. Spousal support dropped from 5000 per month to 1500 plus 20% arrearages (1800.00). When my husband was paying support of 5000.00 her child support was set at 863.00 but was offset from her spousal. Now that the support has dropped to 1500.00 as the decree stated she is saying we owe her child support. Mother has failed to make any child support since March and there is no offset coming off of his spousal support payments.

We do have arrearages and we don't deny that as there were some months that husband couldn't pay 5000 per month...The support comes out of my husbands check.

They are in court today. She is claiming we owe her 300 per month in child support because she isn't employed.

Would the courts order us to pay her? Is there any reason why the courts can't use her husbands income since she uses his money? Oregon also states that they can't take more than 120% of the order but would a judge go against this because we have arrearages?
 


VeronicaGia

Senior Member
It is possible for the CP to pay the NCP if the CP has extraordinarily high income. Her husband is not responsible to support a child that is not his, however, if he supports her 100% because she is voluntarily unemployed or underemployed, a judge may take his income into consideration.

Your husband needs an attorney.
 

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