NSA4answers
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What is the name of your state? Co
About 5 years ago my ex and I split up. I have a daughter from a previous relationship and the father has never been involved. There is a child support order in place however not much of anything has ever been paid. Arrears are over $35k. My ex that I split with 5 years ago and I also have a child. We never married, however we were together from the time my oldest child was an infant. He wanted to and intended to adopt her but I refused to allow that to happen until we were married. I also know now it probably wouldn't have even been an option. She called him dad, and believed he was her dad because her bio father was not involved at all and still is not. Bad idea I know now to have allowed that to happen, but it did. Of course when we split there was always talk of us remaining amicable and that he would always raise my daughter as his own even if we were not together. There was no amicability and him continuing to be in her life as her "dad" lasted about a year. He no longer wants or has anything to do with her. His choice, sadly for my daughter I made the mistake of believing he loved her as his own.
During our very volatile custody case I agreed to give him the child support owed to me for my oldest daughter if I ever received child support from her bio father for supporting my oldest daughter during the time that he lived with us. I honestly can't say that he did much of anything extraordinary. We split bills right down the middle and I pretty much paid for anything related to my daughter. Clothes, food, diapers, etc etc.
I was honestly emotionally exhausted with the case and tired of fighting. I agreed to give my ex half of what I was owed in child support because I thought (or knew) that I would probably never get anything in child support from him anyways. You know, whole blood out of a turnip concept.
I am still not receiving anything in child support from my daughters bio father. However, now my ex is questioning my giving that money to him.
How legal is this? Can I take that back in court and say I no longer wish to give up those child support funds? Would a judge uphold that agreement if my daughters bio father ever started to pay child support? Do I have to hand over any child support I receive from him or must he become current on his arrears before anything is given to my ex? Does my ex have to go after the money from bio father himself?
Sorry for so many question and I hope I offered enough background to understand the situation. Thanks for all your help in advance.
About 5 years ago my ex and I split up. I have a daughter from a previous relationship and the father has never been involved. There is a child support order in place however not much of anything has ever been paid. Arrears are over $35k. My ex that I split with 5 years ago and I also have a child. We never married, however we were together from the time my oldest child was an infant. He wanted to and intended to adopt her but I refused to allow that to happen until we were married. I also know now it probably wouldn't have even been an option. She called him dad, and believed he was her dad because her bio father was not involved at all and still is not. Bad idea I know now to have allowed that to happen, but it did. Of course when we split there was always talk of us remaining amicable and that he would always raise my daughter as his own even if we were not together. There was no amicability and him continuing to be in her life as her "dad" lasted about a year. He no longer wants or has anything to do with her. His choice, sadly for my daughter I made the mistake of believing he loved her as his own.
During our very volatile custody case I agreed to give him the child support owed to me for my oldest daughter if I ever received child support from her bio father for supporting my oldest daughter during the time that he lived with us. I honestly can't say that he did much of anything extraordinary. We split bills right down the middle and I pretty much paid for anything related to my daughter. Clothes, food, diapers, etc etc.
I was honestly emotionally exhausted with the case and tired of fighting. I agreed to give my ex half of what I was owed in child support because I thought (or knew) that I would probably never get anything in child support from him anyways. You know, whole blood out of a turnip concept.
I am still not receiving anything in child support from my daughters bio father. However, now my ex is questioning my giving that money to him.
How legal is this? Can I take that back in court and say I no longer wish to give up those child support funds? Would a judge uphold that agreement if my daughters bio father ever started to pay child support? Do I have to hand over any child support I receive from him or must he become current on his arrears before anything is given to my ex? Does my ex have to go after the money from bio father himself?
Sorry for so many question and I hope I offered enough background to understand the situation. Thanks for all your help in advance.