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S

Siannan

Guest
My husband has three children from a previous marriage. His divorce was 3/1993. He has had and fully supported by himself (and later with me) all three children from then through 8/1998, then two up through 6/2000, and now we have one. Now that my husband's ex-wife has two of the three children, she does not want child support from us (I guess she realizes that he gave her a big break and is responding by not requesting child support now). However, she has told us that her current husband (they are having "problems" - how ironic) has decided that he is going to apply for child support because he claims that he is supporting the children (she does work). He has told her that the law in their state (Georgia) allows him to do this because they live in his house. He won't even buy them a pair of pants. Everything she earns goes to support the boys. Can he do this?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

19-6-17 G
*** CODE SECTION *** 10/15/99

19-6-17.

(a) Whenever the custody of a minor child or children has been
lawfully awarded by any court having jurisdiction thereof to:

(1) Any person other than a parent of the children at any time
subsequent to the rendition of a final divorce decree between the
father and mother of the children; or

(2) A parent as part of the final divorce decree where the court
awarding the decree was unable to obtain jurisdiction over the
parent without custody for purposes of a determination as to
whether the parent should be bound for support of the child or
children and the court's decree contains no specific provisions
binding the parent without custody for the support of the child or
children,

the parent or other person to whom the custody of the child or
children is awarded may apply by petition to the superior court in
the county where the parent without custody of the child or children
resides for an order and judgment fixing the amount of support money
that the parent without custody shall provide in order to fulfill
the parent's natural duty to supply the necessaries of life for the
child or children.

(b) The procedure provided for in this Code section shall be
available in cases in which the parent with custody of the children
is the petitioner, notwithstanding the fact that the divorce decree
and judgment may have been rendered in favor of the parent without
custody.

(c) The petition shall be served upon the respondent; it shall be
heard by the court, unless a jury trial is demanded by either party
to the case. The judgment shall be reviewable as in other cases. The
order or judgment shall likewise be subject to modification in the
event of changed circumstances, under the same terms and conditions
as are provided for in other cases of permanent alimony for the
support of children granted in connection with the rendition of a
final decree in divorce cases.

(d) The order and judgment of the court shall remain in effect,
except as limited by its own restrictions and subsection (c) of this
Code section, so long as the petitioner remains in lawful custody of
the child or children and until they become of age. Execution may be
granted to the petitioner for any sums past due under the order and
judgment, in accordance with procedures in other cases of judgments
for alimony.

(e) Any payment or installment of support under any child support
order is, on and after the date due:

(1) A judgment by operation of law, with the full force and effect
and attributes of a judgment of this state, including the ability
to be enforced;

(2) Entitled as a judgment to full faith and credit; and

(3) Not subject to retroactive modification.

 
S

Siannan

Guest
The custody in this case is joint, however the two boys now live with her. He does not have custody. According to what you posted, he would have to apply in the county in which WE reside, here in New Jersey, and he lives in Georgia. Am I reading that right?
 

LegalBeagle

Senior Member
Since this man is not listed in ANY court papers and does not, in anyway, have custody of the children, then he, personally, can not sue for child support. It HAS to come from the bio mother. If the bio mother disagrees with the petition for child support then with the information you have supplied, no court would force your husband to pay directly to this man a sum of any money.

 
S

Siannan

Guest
Thank you for your reply. I had thought that would be the case.
 
W

wendyt

Guest
What about income tax deduction? Does he have the right to claim the kids on income tax?
 
U

usdeeper

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wendyt:
What about income tax deduction? Does he have the right to claim the kids on income tax?<HR></BLOCKQUOTE>

Only if they do a joint tax statement and there is no court order stating that they can not claim certain years.
 
S

Siannan

Guest
We claimed all three kids up through tax year 1998. When we filed for 1999, we sent her a form that released the exemption for the child that was with us to her. We will claim the second child for tax year 2000, then release that claim to her also for 2001. She knows better than to claim the children on her form before she's able. The first year they were divorced, my husband filed his return as head of household and claimed all three children. She filed her return (jointly with her new husband - wed less than three months after the divorce) and attempted to claim all three children. That exemption was disallowed after they exchanged correspondence with my husband and discovered that all three children were living with him in NJ while she was a California resident and wasn't paying child support.
 

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