R Jackson

[R Jackson]

What is the name of your state? Oklahoma
my husband is the court ordered custodial parent of his son, his ex wife paid child support to him. When his son turned 14 he decided to live with his mom at which time, my husband sent her child support checks back to her and he opened an account for his son an began putting 150 dollars/month in for his son. Now she is filing child support on him because she says the money my husband gives his son isn't child support money because she doesn't have access to it. Is there truth to this? And can a non custodial parent file child support against the custodial parent? the only reason the son is with her is because he got mad at dad and left.

 

[NotSoNew]

the money in the account is not child support

no a NCP cannot sue a CP for CS

but she can sue to be the CP since she has physical custody of the child. then file for CS.

the cS will only go back to the date she filed, so it doesnt matter that he hasnt been giving her CS.

 

[Zephyr]

yes if the child is living with her she has every right to file to modify custody and to file for child support

and dad putting money in an account for the kid????

what would his response have been if mom would have said "you know what, I am not going to pay cs but I will put 150 a month away in an account "for the kid" but you can't use it and I have total control of it?"

 

[R Jackson]

r jackson

why can't the money he gives his son be considered child support?

 

[CandiceH]

It is NOT child support, it is a GIFT. CS is a reimbursement to the CP for food, clothing, shelter, etc. If the money is not given to CP - then how is it CS? How many times has this been covered on this site?

 

[R Jackson]

r jackson

yes if the child is living with her she has every right to file to modify custody and to file for child support

and dad putting money in an account for the kid????

what would his response have been if mom would have said "you know what, I am not going to pay cs but I will put 150 a month away in an account "for the kid" but you can't use it and I have total control of it?"

I was under the impression that child support money goes directly to the child any way

 

[CandiceH]

Read Above

 

[Zephyr]

I was under the impression that child support money goes directly to the child any way

support supports the child and their basic needs, does the child pay the utility bill with that money?


were you guys handing over the cs checks to the kid when mom was paying?

 

[averad]

Nope goes to the CP to spend on the child. Thats why you sometimes hear about CP buying new cars with CS money.

 

[R Jackson]

r jackson

It is NOT child support, it is a GIFT. CS is a reimbursement to the CP for food, clothing, shelter, etc. If the money is not given to CP - then how is it CS? How many times has this been covered on this site?

First of all this is my first time on this site so this issue is new to me!
Secondly my husband the CP is giving money to his son who just one day decided to go live with his mom. On top of that my husband has sent her back all of the CS she sent.
Thirdly, my husband is not dodging his responsiblity in raising his son, we just want to know what our rights as him being CP.

 

[NotSoNew]

no child SUPPORT, to SUPPORT the child, who supports them? their parents, who gets the money? their parents? if you give a kid money do you think hes gonna go by clothes, pay rent, get food? or go get playstation games?

 

[NotSoNew]

First of all this is my first time on this site so this issue is new to me!
Secondly my husband the CP is giving money to his son who just one day decided to go live with his mom. On top of that my husband has sent her back all of the CS she sent.
Thirdly, my husband is not dodging his responsiblity in raising his son, we just want to know what our rights as him being CP.

well we answered that. and new to this SITE or not, i doubt you are new to life. you must know giving money to a child is not child SUPPORT.

 

[CandiceH]

If he still has court ordered custody then he is still CP and he has the right to bring his son home. If he does not WANT to do this then the NCP has the right to file for modification AND for CS. Giving a CHILD money, is NOT support.

 

[R Jackson]

r jackson

support supports the child and their basic needs, does the child pay the utility bill with that money?


were you guys handing over the cs checks to the kid when mom was paying?

point taken...we were miss informed by the Non CP because she told the son that cs goes to him which caused all kinds of confusion...my qs have been answered and i appreciated everyone's comments

 

[R Jackson]

r jackson

If he still has court ordered custody then he is still CP and he has the right to bring his son home. If he does not WANT to do this then the NCP has the right to file for modification AND for CS. Giving a CHILD money, is NOT support.

does the ncp modify the court order through the courts with a lawyer or can she go to the department of human services?
the son refuses to come home and we can't drag him home...can we?