Question about responsibility

[pinknpen]

What is the name of your state? AL

My ex and I got our divorve in Al and I now live in SD. My ex hubby has custody of our 2 children 5 and 6 years old. When we were divorced the divorce papers stated: that no agreement as to payment of child support at present time due to unemployed status of defendant. I have had employmnet and did pay support while was employed no offical amount was set just a verbal agreement between myself and ex. I have since remarried and had a child with new hubby. We have decided that I would stay home with our child until he starts school. This was 2 years ago. I send my ex 25 a month and payed 100 in August for the childrens school supplies, but now ex has called and says he is going to child services and going to have me put in jail if I come back to AL. Also he does not allow me to get the kids and bring them back to SD for my 6 weeks in the summer. My main question is, what can he do to me since no amount was ever set and am now unemployed and caring for my son?

 

[Shay-Pari'e]

I don't know if anyone else will see your post as I have. You are more concerned about what he can do to you, and your not asking how you can get your court ordered visits?

Whatever,....No, without a court order for support, your X cannot put you in jail.

Also, I understand the wanting to be home with your child, but you have children to support lady, maybe you shouldn't have had more if you can't support the ones you have. If your X is smart, he will get ordered support since you were employed and now choose not to work.

 

[nextwife]

So you were given a "break" on having to pay CO'd CS, and voluntarily paid a whopping $25 a month toward the support of your TWO children. Now you want to have no responsibility at all to support them because you have a child in a subsequent relationship? Male NCPs are not given the option of skipping CS because they decided to have more children in subsequent relationships.

He will have the right to pursue getting a CO for CS. If you are voluntarily unemployed, the court can choose to imput income to you based upon what you are capable of earning.

 

[kat1963]

He’ll obtain a child support order which will probably be more then the $3.12 you are paying per week per child. It doesn’t matter that you unemployed as your income will be imputed to what you could be expected to make if employed. It is highly likely that the support will be retroactive to the date of his filing, not from when the judge orders it so you better start saving.
You can probably estimate your financial obligation to your children by going here:

http://www.supportguidelines.com/main.html

Since it appears you moved you could also find yourself bearing the full cost of the transportation cost associated with your visitation.
You can file a motion to show cause (contempt) against him for not allowing visitation. However (if) you failed to file a modification when you moved so who knows which way a judge will rule on it. Probably just a slap on the hand for Dad.

KAT

 

[VeronicaGia]

What is the name of your state? AL

My ex and I got our divorve in Al and I now live in SD. My ex hubby has custody of our 2 children 5 and 6 years old. When we were divorced the divorce papers stated: that no agreement as to payment of child support at present time due to unemployed status of defendant. I have had employmnet and did pay support while was employed no offical amount was set just a verbal agreement between myself and ex. I have since remarried and had a child with new hubby. We have decided that I would stay home with our child until he starts school. This was 2 years ago. I send my ex 25 a month and payed 100 in August for the childrens school supplies, but now ex has called and says he is going to child services and going to have me put in jail if I come back to AL. Also he does not allow me to get the kids and bring them back to SD for my 6 weeks in the summer. My main question is, what can he do to me since no amount was ever set and am now unemployed and caring for my son?

If you had custody of the kids would you have put up with no support being ordered, and then him only sending a measly $25/month in support? And if he had another child with another woman and decided to be a stay at home parent, would you just say "ok, you don't have to pay anything for the kids you already helped create?" I thought not.

What he can do is go file for support and since you're in another state, once you get to $5k in arrears, you'll be committing a federal crime.

 

[LdiJ]

What is the name of your state? AL

My ex and I got our divorve in Al and I now live in SD. My ex hubby has custody of our 2 children 5 and 6 years old. When we were divorced the divorce papers stated: that no agreement as to payment of child support at present time due to unemployed status of defendant. I have had employmnet and did pay support while was employed no offical amount was set just a verbal agreement between myself and ex. I have since remarried and had a child with new hubby. We have decided that I would stay home with our child until he starts school. This was 2 years ago. I send my ex 25 a month and payed 100 in August for the childrens school supplies, but now ex has called and says he is going to child services and going to have me put in jail if I come back to AL. Also he does not allow me to get the kids and bring them back to SD for my 6 weeks in the summer. My main question is, what can he do to me since no amount was ever set and am now unemployed and caring for my son?

Well, he can't get child services involved or have you put in jail, and he certainly can't force you to go back to Alabama. That is even a pretty odd demand for him to make (shaking my head). There are no child support orders therefore you haven't violated anything.

However, he certainly can file for child support, and an income will be imputed to you either based on your employment history or full time at minimum wage. If you don't pay that amount, there will be consequences.
Minimum wage would put you somewhere in the neighborhood of 200.00 a month for two kids....you could easily get a part time job evenings or weekends to pay that...without working many hours at all.

You also certainly have the option of filing for contempt since he is denying your visitation....which you absolutely SHOULD do.

 

[pinknpen]

I do appreciate all the replys even the ones that think I am so horrible. I do want to make it clear that I payed more than 25 a month when I was employed. I payed 350 a month on my own no court order to do so. I'm not sure if the fact that my child that I care for now is a special needs child helps explain why I am not working right now. It is very hard to find daycare for an autistic child. Also for the person who stated that all I seemed worried about was what my ex could do to me: My response is that yes I am worried because if I am not here to care for my son who will? I do want to get visitation with my kids and am willing to cover all transportation cost but money is pretty much taxed with all the doctors and meds for my son now and it takes money to get a lawyer and file for contempt on him.

 

[nextwife]

Actually, there are some wonderful programs for autistic children. My daughter was SNs and there was a whole program, financed under the birth to three program and the Early Intervention programs. In our town, this was contracted by the county through the St.. Francis Children's Center. AS a matter of fact, there are mandated programs to provide for SNs kids. If your child has been diagnosed as autistim they should indeed qualify for services from the birth to three program. Once they age out of that, they can be transitioned into Early Intervention.

http://www.sfcckids.org/main.html


Likely if you contact them, they will know how you might find a comparable program in your area. Just saying "there are no programs for autistic children" does not make it so. My child had a whole laundry list, at first, of SNs and she still benefited from all sorts of programs that she attended during the day.

I doubt when you made the decision to stay home with a newborn you had any clue whether the child was autistic, as such a diagnosis cannot occur for some time.

 

[pinknpen]

can i file my x being in contempt without a lawyer?