Recouping child support

[ianthony]

I live in maine. I currently have a 50/50 custody order for my two children. I pay 225.00 weekly in child support to their mother. Nearly 4 months ago my daughter moved in with me full time. Soon after I filed a motion to modify custody and support. My son has now followed and for three weeks been with me. Their mother does not have a home now. I continue to pay support for both children although they live with me full time (their choice, but also due to mothers instability). She is unwilling to assist by giving even a portion of the money back she receives weekly. When I go to court will the judge consider ordering her to pay this money back? Should I even ask? Should I ask that she now pay support?

 

[LdiJ]

I live in maine. I currently have a 50/50 custody order for my two children. I pay 225.00 weekly in child support to their mother. Nearly 4 months ago my daughter moved in with me full time. Soon after I filed a motion to modify custody and support. My son has now followed and for three weeks been with me. Their mother does not have a home now. I continue to pay support for both children although they live with me full time (their choice, but also due to mothers instability). She is unwilling to assist by giving even a portion of the money back she receives weekly. When I go to court will the judge consider ordering her to pay this money back? Should I even ask? Should I ask that she now pay support?

At this point you are violating the custody orders, so you need to be careful what you do until or unless you win the modification. Your children do not have the right to choose not to go with their mother during her parenting time and the fact that you are allowing them to do so puts you firmly in the wrong.

 

[Zigner]

At this point you are violating the custody orders, so you need to be careful what you do until or unless you win the modification. Your children do not have the right to choose not to go with their mother during her parenting time and the fact that you are allowing them to do so puts you firmly in the wrong.

I get the impression that the mother is agreeable with the current custody arrangements...

 

[wavehopper27]

I get the impression that the mother is agreeable with the current custody arrangements...

I have a feeling that this may change as soon as she realizes that child payments to her support will stop, she could be forced to reimburse all support paid back to the date of the filing and that she will have to start making payments to dad.

 

[stealth2]

There is no status quo yet for either child.

 

[ianthony]

Recouping

Their mother does not have a home. She lives with her boyfriend and his brother in a 2 bedroom apartment. Neither child has a room. She was evicted in June. My son lived there for a few weeks and slept on the couch, but has since chosen to live with me. Mom hasn't resisted. She will not willingly refund the support she receives. She will not return my messages on the subject. Ultimately what is most important is that I am able to change the custody order. During case management she refused to agree to a change, but has not pursued the children moving in with her. With that being said, I do not want to continue giving her the $1000.00 monthly but am obligated to until the court date at the end of Sept. Still it creates a financial strain. I'd like to pursue with the court that she refunds the money and possibly pays support. I am not sure if a refund is wise to ask for though. I don't want it to appear that I am after the money. I am not, but feel the money she gets has not been used as intended.

 

[ianthony]

To zigner

That's a good point. However, she doesn't have a home and is unable to provide them with a room. When my son stayed there he slept on the couch. He also complained of the guys wearing his clothes. On the 7th he and his mother were kicked out. His mom ended up making am mends and stayed but he did not return. She has not asked me to send him back. She picks them up a couple times a week to go out to eat. Aren't I fairly safe?

 

[Proserpina]

How old are these children?

 

[ianthony]

Recouping

16 and 15.

 

[Ohiogal]

16 and 15.

File in court.

 

[ianthony]

Did file. Had case management. Court end of Sept. My question is...

Should I pursue asking to be reimbursed?