child support / custody

[splivey]

I have joint custody of my 12 yr old son. In the custody order it states that "the child should reside with the father" this is from 1993. he lived with me from 1993 to november of 1998. his mother had moved to upstate new york while I lived in the city. she asked can he come to live there because it was a better place to raise a child. I agreed to a trail period of one year. after the trial peroid everything seemed o.k. during the second year I found out somethings that were disturbing to me in the least like the way she would speak to him and bad mouth me saying things like "your father aint s--t" and "your father told me to have an abortion and I should have" I also found out that her husband is selling drugs as well as her brother. when I called her to speak about this she refused to speak to me and then stop letting him call me. to make a long storie short I was able to get him back in my physical custody. Now I have received papers saying that she is sueing my for child support. I also foud out that the state is involed because she was receiving welfare. would I have to pay support and could i lose custody of my son? he was with her for almost two years.

 

[LegalBeagle]

I have joint custody of my 12 yr old son. In the custody order it states that "the child should reside with the father" this is from 1993. he lived with me from 1993 to november of 1998. his mother had moved to upstate new york while I lived in the city. she asked can he come to live there because it was a better place to raise a child. I agreed to a trail period of one year. after the trial peroid everything seemed o.k. during the second year I found out somethings that were disturbing to me in the least like the way she would speak to him and bad mouth me saying things like "your father aint s--t" and "your father told me to have an abortion and I should have" I also found out that her husband is selling drugs as well as her brother. when I called her to speak about this she refused to speak to me and then stop letting him call me. to make a long storie short I was able to get him back in my physical custody. Now I have received papers saying that she is sueing my for child support. I also foud out that the state is involed because she was receiving welfare. would I have to pay support and could i lose custody of my son? he was with her for almost two years.

Where any new court orders issued or did you do the change of residence on your own with no new papers ? Was she ordered to pay CS in 1993 ? Did she stop in 98 when she took the child ? Where YOU ever ordered to pay CS to her ?


If no new orders were in place and she was court ordered to pay CS in 93.. and then stopped in 98.. I would a) retain an attorney because the state is involved, and b) sue her for back CS from 98 until she started paying again (if she did) when you go the child back.