Potential child support, I should not be responsible

[RWFAN]

What is the name of your state (only U.S. law)? Tennessee.

I am recently divorced and have a young daughter. My ex-wife and I share custody equally, as well as most expenses such as daycare. I am responsible for providing health insurance and I am the primary residence in the divorce paperwork. At the time of our divorce our incomes were almost identical and we have complete 50/50 custody, therefore no child support was entitled to either of us. My ex was fired from her job due to drug use and a failed urinalysis. She is trying to file for unemployment and government assistance (food stamps, daycare, etc.) and the agency informed her that they may try to come after me for chld support. What can I do to prevent the government from making me pay for her poor decisions, and also putting my child in jeapordy while she is with her (I have text messages from her admitting to drug use while child was in her care)? Do I have a valid case to get sole custody?

 

[TheGeekess]

Short answer: No.

 

[RWFAN]

Short answer: No.

No there is nothing I can do about it?

 

[strongbus]

if you mean can you stop the state form coming after you for cs if she goes on state aid then the answer is no. The state expects both parents to support the kid. so if the mother is getting some sort of support for herself and the child then ya the states going want you to pay your share.

 

[RWFAN]

if you mean can you stop the state form coming after you for cs if she goes on state aid then the answer is no. The state expects both parents to support the kid. so if the mother is getting some sort of support for herself and the child then ya the states going want you to pay your share.

So the fact that drug abuse caused the employment termination doesn't matter and I am essentially still responsible for my ex-wifes actions? I guess the only way to aviod having to pay her money is to go after full custody, which clearly would be in the best interest of the child (i can easily prove she is taken care of better ten fold with me).
I consulted a lawyer and he said that being fired from a job due to drug use falls into voluntary unemployment so she would not be entitled to the assistance anyhow. Does this seem legit?

 

[neopandora]

So the fact that drug abuse caused the employment termination doesn't matter and I am essentially still responsible for my ex-wifes actions? I guess the only way to aviod having to pay her money is to go after full custody, which clearly would be in the best interest of the child (i can easily prove she is taken care of better ten fold with me).
I consulted a lawyer and he said that being fired from a job due to drug use falls into voluntary unemployment so she would not be entitled to the assistance anyhow. Does this seem legit?

Have you actually ran the numbers in the calculator yet? Go the the tennessee anytime website and pull up the calculator and run the numbers both ways. That is what CSE will run if they take you to Court. If you truly have the child 182.5 days a yearAND get a credit for the medical insurance for the child, there's probably no child support to be had.

However, if she seeks treatment for her issues, the Court may very well reduce her imputed income. May or may not. There's no better guess.

Changing custody is probably going to take much more proof. If this was a recent divorce, you may have some difficulty convincing a Judge that she didn't have drug use when you were together and that her drug use affected her ability to parent.

 

[mistoffolees]

Do I have a valid case to get sole custody?

As you were told, you don't have a case that's going to convince a court.

However, if you and ex can agree on you getting custody, you can draft the agreement as a stipulation and submit it to the court.