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One year of child support - minor child lives with me full time

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adhoc

Junior Member
What is the name of your state?

MD - Montgomery county

I am a 45 year old male with S11

In a few days S11 will have been with me for 1 full year - no overnights at Ex.

However CS is still garnished and a significant amount of $1500, just enough to break the camel's back. I filed in Feb of 2018 to have child support terminated. They scheduled a trial for Nov 2018.
Came to court as scheduled and the judge was double-booked. Told us to reschedule. Went to the scheduling office and they gave a few dates. Earliest a few weeks same month. However, ex's lawyer said he is booked for the next 3 months and the soonest he could do was Jan 28th. That's 356 days from the time I originally filed.

Came to court on Jan 28th - meaning yesterday and the court pulled the same thing. The judge said he has to hear 3 other cases in addition to mine and told us to go away and find another judge. Which we did and by the time we did it was already 11:00AM. Ex's lawyer and mine kind of agreed that there is not enough time in the day to hear all the witnesses to decide the case and rescheduled yet again to March 18th. This is beyond absurd. By the time March rolls around, child will have been with me for 400 days. 400 days of Child support to the parent who doesn't have the child all these 400 days and the court knows it. This is basically removing food off his plate. We cannot afford anything but the bare essentials like rent, gas, food and stuff. No clothing. I am in a very expensive area to attend the best schools in the state.

The issues to be addressed in court are:

1. Physical custody - no dispute, S11 is with me full time
2. Child support - to end - no dispute here either from ex
3. Legal custody - ex wants all or shared. Disputed.

So the other party is not even disputing at all that CS is to end. No disagreement yet they cannot end it. Welcome to Montgomery county. I have been their client for almost a decade since ex started a custody fight 9 years ago. This has gone on for that long. They like to assign child support easily yet will not end it easily even while acknowledging all the facts. The system is just beyond absurd.

meanwhile I have 1500 garnished every month which is seriously crippling me financially. I barely make ends meet because I have the child, the expenses and pay CS to ex who spends a token amount on S11 like $200/month and most of the funds on herself, e.g. her lawyer fees (against me) and she has a second custody case with her other boyfriend/child situation. I even have to give S11 cash to spend in school cafeteria since she doesn't put money there either.
 


not2cleverRed

Obvious Observer
From his other thread:

https://forum.freeadvice.com/threads/one-year-of-child-support-minor-child-lives-with-me-full-time.652638/

What is the name of your state? MD.

I am a 45 year old male, and S11 has lived with me for almost 1 year (shy a few days) without a single overnight at ex.

Ex no longer disputes full physical custody, just wants several dinners per month (such as Wed night for 1 hour)
Nor does she object to CS termination.

Still wants to have 50/50 legal with her getting the tie-breaker which means she will keep running the show. My lawyer proposed she gets legal to decide medical matters - doctors and stuff and I get to pick the school.

S11 goes to my school. We live 30 minutes away from ex.

I still pay child support since S11 started living with me to ex, who spends a token amount out of $1500/month and keeps the rest. I filed to have it canceled a year ago and the court rescheduled it twice already due to judges being overbooked. By the time the next court date rolls around, I will have paid for 400 days. But the really important thing is, S11 is where he wants to be and will have been with me for 400 days. Ex really abused him, in fact one time filed a false police report and ended up S11 getting arrested, put in handcuffs and taken to an Emergency Room, where the personnel decide that there was nothing wrong with him and he should be released to my custody. That was a year ago and the beginning of the end. She also put him a "behavioral unit" a few times as a method of punishment, where the put crazy kids.

The only thing they did in court yesterday was recognize that I have "de facto" residential custody, though it's not a court order. Not sure what legal force it has. I need a court order of course.
 

LdiJ

Senior Member
O/T I was reading earlier today that there are quite a number of teens who are trying to find ways to get vaxxed w/o their (anti-vax) parents' consent.
The whole anti-vax part of this thread confuses me entirely.
 

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