Child custody, support and property settlement agreement

[krayzwhitegirl]

What is the name of your state (only U.S. law)? I live in Mississippi. My Partners was divorced back in 2003. In the divorce papers it states verbatim, The parties agree that Husband shall not pay child support to the Wife due to Husband already pays child support on other children and is not financially able to pay at this time. September 2008, he received a letter from Dept of Human Services informing him that he needed to come into the office and sign an agreement to pay child support. My question is, can the DHS over-ride the agreement in the divorce decree? He is not a deadbeat Dad, he currently pays support on another child and is the sole provider for myself and the son we had together. He doesnt have visitation and we havent spoken to the Ex or seen the child in 4 years, because she doesnt want the child to be around his father. Is there anything we can do in this matter? Thanks for your help.What is the name of your state (only U.S. law)?

[Cassandra123]

Why did your husband have another child if he couldn't afford to support the child he had with his ex? What you can do is get a job because your husband will be ordered to pay support.

[stealth2]

Originally Posted by krayzwhitegirl

What is the name of your state (only U.S. law)? I live in Mississippi. My Partners was divorced back in 2003. In the divorce papers it states verbatim, The parties agree that Husband shall not pay child support to the Wife due to Husband already pays child support on other children and is not financially able to pay at this time. September 2008, he received a letter from Dept of Human Services informing him that he needed to come into the office and sign an agreement to pay child support. My question is, can the DHS over-ride the agreement in the divorce decree? He is not a deadbeat Dad, he currently pays support on another child and is the sole provider for myself and the son we had together. He doesnt have visitation and we havent spoken to the Ex or seen the child in 4 years, because she doesnt want the child to be around his father. Is there anything we can do in this matter? Thanks for your help.What is the name of your state (only U.S. law)?

If she went on state aid, you bet your billy that DHS can come after him - as they should. Sorry, but your May-un shouldn't have been knocking you up if he couldn't afford to support one of the kids he's already got. Maybe it's time for you to get a job so that he can stand up and do the right thing by ALL his kids.

[nextwife]

Originally Posted by Cassandra123

Why did your husband have another child if he couldn't afford to support the child he had with his ex? What you can do is get a job because your husband will be ordered to pay support.

I see it the other way.

Why did SHE procreate with someone who already has children with at least two other mothers, yet not plan on providing a significant amount of that child's support herself? Why is she giving herself the luxury of not working when her child needs her financial support? If one wants to be a SAHP, one needs to plan accordingly to be able to afford that - it is not an entitlement.

[stealth2]

Originally Posted by nextwife

I see it the other way.

Why did SHE procreate with someone who already has children with at least two other mothers, yet not plan on providing a significant amount of that child's support herself? Why is she giving herself the luxury of not working when her child needs her financial support? If one wants to be a SAHP, one needs to plan accordingly to be able to afford that - it is not an entitlement.

Because they're soul mates, a single flame burning brightly, the wind beneath one another's wings. And THEIR child is the speshulest of them all, never to be entrusted to another to feed or wipe his little tushie.

[Ohiogal]

Originally Posted by krayzwhitegirl

What is the name of your state (only U.S. law)? I live in Mississippi. My Partners was divorced back in 2003. In the divorce papers it states verbatim, The parties agree that Husband shall not pay child support to the Wife due to Husband already pays child support on other children and is not financially able to pay at this time. September 2008, he received a letter from Dept of Human Services informing him that he needed to come into the office and sign an agreement to pay child support. My question is, can the DHS over-ride the agreement in the divorce decree? He is not a deadbeat Dad, he currently pays support on another child and is the sole provider for myself and the son we had together. He doesnt have visitation and we havent spoken to the Ex or seen the child in 4 years, because she doesnt want the child to be around his father. Is there anything we can do in this matter? Thanks for your help.What is the name of your state (only U.S. law)?

You don't EVER have to have spoken to the ex. But your husband doens't get out of financially supporting his child and letting such support fall on the shoulders of the taxpayer just because he decided to reproduce more than once. And wife is allowed to go back at any time and file for child support for the child she is raising.
Without question DHS can override the agreement. The agreement quite frankly is not legally enforceable.

[mistoffolees]

Originally Posted by krayzwhitegirl

What is the name of your state (only U.S. law)? I live in Mississippi. My Partners was divorced back in 2003. In the divorce papers it states verbatim, The parties agree that Husband shall not pay child support to the Wife due to Husband already pays child support on other children and is not financially able to pay at this time. September 2008, he received a letter from Dept of Human Services informing him that he needed to come into the office and sign an agreement to pay child support. My question is, can the DHS over-ride the agreement in the divorce decree? He is not a deadbeat Dad, he currently pays support on another child and is the sole provider for myself and the son we had together. He doesnt have visitation and we havent spoken to the Ex or seen the child in 4 years, because she doesnt want the child to be around his father. Is there anything we can do in this matter? Thanks for your help.What is the name of your state (only U.S. law)?

Sorry, but he's going to be paying child support for the child. However, he also has the right to file for visitation. The mother not wanting him to be around the child is not sufficient reason for him to not see his child.

[krayzwhitegirl]

I certainly did not know that all you people were bitter single Moms, GEEZ !! (excluding mistoffolees). I came to this forum for advice NOT criticism from a bunch of judgmental screen-names. I would work if I was physically able, but I didnt think that was any of your business. I agree that one should support their offspring or not procreate, but I also understand that everything doesnt go just as you thought it would and that human beings do make mistakes. Not everyone has had the benefit of a great upbringing, the awesome ability to ALWAYS make the right choices and great education, including myself and oh yes, employers judge too !! And I know, Life is what you make it, but mistakes are made as you try to figure out what to make of it and you have to pay for those mistakes one way or another. Before you jump on that, let me assure you that I am not implying that having children is a mistake, so dont read anything into that statement. Thank you for the bashing and the jokes, I myself am not a legal beagle so I just thought that since a Judge was in agreement or wouldnt have granted the divorce, the Ex, who by the way has 4 or 5children, all with different men, denies us visitation and had the child call his daddy by his first name instead of daddy was being her obnoxious self. Have a great day!

[majomom1]

Originally Posted by krayzwhitegirl

I certainly did not know that all you people were bitter single Moms, GEEZ !! (excluding mistoffolees). I came to this forum for advice NOT criticism from a bunch of judgmental screen-names. I would work if I was physically able, but I didnt think that was any of your business. I agree that one should support their offspring or not procreate, but I also understand that everything doesnt go just as you thought it would and that human beings do make mistakes. Not everyone has had the benefit of a great upbringing, the awesome ability to ALWAYS make the right choices and great education, including myself and oh yes, employers judge too !! And I know, Life is what you make it, but mistakes are made as you try to figure out what to make of it and you have to pay for those mistakes one way or another. Before you jump on that, let me assure you that I am not implying that having children is a mistake, so dont read anything into that statement. Thank you for the bashing and the jokes, I myself am not a legal beagle so I just thought that since a Judge was in agreement or wouldnt have granted the divorce, the Ex, who by the way has 4 or 5children, all with different men, denies us visitation and had the child call his daddy by his first name instead of daddy was being her obnoxious self. Have a great day!

Yes. Mistakes are made. Most learn from them and don't make them again.

Yes. The judge agreed to no child support... but now that is about to change. The previous order does not have to stay the same, it can change.

Dad SHOULD have demanded and asked for visitation...

Don't put Mom down for having "x" number of kids.... One Dad that doesn't support or see his kids isn't much better, IMO.

BTW... we are not ALL bitter single moms... Some of us are married and chose the type of man that is big enough to support ALL his kids.

[TinkerBelleLuvr]

When I first divorced, I "reserved" child support. I did NOT get child support because I was able to support ALL of my children on my salary and dad wasn't working. Life changed 3 years later, so I filed for support. Daddy was kicking and screaming about it all the way. Guess what:

It take TWO to make that baby. It can very well take TWO to support that baby.

And no, you can't go and send subsequent children back from where they came from. You take a deep breath, figure out what has to change and SUPPORT your children. That is called being an ADULT.

Child support is NOT an admission ticket to see a child. If dad wants to have a relationship with the child, he needs to put on his big boy panties and file a motion for parenting time.

If he wants to continue allowing you to be a SAHM, then he just might have to work two jobs. Otherwise, you may want to look to work opposite shifts to minimize daycare costs, work from home, or just plain ol' "get a job."

Signed,

NOT a bitter ex-wife

[krayzwhitegirl]

Well not everybody is as perfect as you people in this forum seem to think you are. But that is ok, I dont have to like your comments. I just think it is funny that you want to bash on someone ( not knowing the entire situation) that you dont even or will ever know. Im sure you all found Mr or Mrs RIGHT the first go round. I only wish I could have led a charmed and perfect life and then I could sit back and cast stones. Must be nice. As I stated in my last post, i didnt know the legalities of the ordeal and was just trying to get a little perspective on it, after all the name of this forum is Legal Advice. I wouldnt have wasted my time if the name had been Opinions R Us.

[Ohiogal]

Originally Posted by krayzwhitegirl

Well not everybody is as perfect as you people in this forum seem to think you are. But that is ok, I dont have to like your comments. I just think it is funny that you want to bash on someone ( not knowing the entire situation) that you dont even or will ever know. Im sure you all found Mr or Mrs RIGHT the first go round. I only wish I could have led a charmed and perfect life and then I could sit back and cast stones. Must be nice. As I stated in my last post, i didnt know the legalities of the ordeal and was just trying to get a little perspective on it, after all the name of this forum is Legal Advice. I wouldnt have wasted my time if the name had been Opinions R Us.

You have been the legal truth. Legally the agreement he and mom made is NOT enforceable especially when the state wants their money. LEGALLY it is DAD's problem that he has not visitation as he could have enforced any custody order that came down by filing a motion to show cause/contempt against mom. Legally you are nothing in this situation.

[SISSY245]

Don't worry. Every time I treat a lawyer I give them my most pompous, arrogant, condescending attitude, and simply ask them--" If you don't know what's wrong with you, why are you here? " Then of course I act disgusted when they haven't even gone for the tests before bothering to waste my time, and of course they never know the policies and proceedures, or even what their diagnosis means, and what medications they obviously should have prescribed for themselves. Makes my day.

[Nativity]

Does it make your day to post crap that makes no sense?