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Disabled Parent child support

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R

rdellis1

Guest
arizona & california
i am a disabled father with two children from a previous marriage. my ex has just recently had the district attorney's office file for $658.00 a month for child support.
when we divorced, there was an informal agreement, that if i agreed to give her full custody, there would be no child support ordered.
i am disabled, and currently on unemployment. my unemployment benefits will end in two months, at that time i will have no income at all. my current take home a month is $748.00, and it takes every bit of this to pay my bills and live on.
is there anything i can do?
thank you for your help
richard
 


D

dorlan

Guest
Disability/Unemployment ? Child Support?

Hi Disabled,
we are in a similar situation. My husband and I have both been previously married. We live in Arizona, our children live with our Ex's in California.
I don't have to pay child support for my children, because I have an agreement (in court) with their father (he is really rich, my teenage kids live with him, because he buys them everything, but that's another story).
The problem we are having right now, is that my husband received an order for child support for his two children. My husband and his Ex have been divorced for over 6 years now, and there was no child support ordered when they got divorced. He and his Ex had a verbal agreement, that if she gets everything, including full custody of the children, he would never have to pay child support. The court order says, that the court will reserve jurisdiction over child support. The Ex is also remarried. She has a job with an income, that triples the one of my husband (which my husband had financed college for, and was a stay at home dad). Her parents are millioners. The Ex and her husband have a big house with lovely view, we live in an appartment (I am not jealous, I am just comparing the standards of living). My husband has been very sick these last few years, and I have always supported him. He was able to take a job for a few month, but then had to quit again, or was let go, for health reasons. At this point, my husband was let go last year October, he did not get unemployment for 3 months, and his doctor had advised him not to work anymore, but to file for disability. We don't have enough money to make ends meet, and go grocery shopping on our credit cards, which put us in debt. We can only visit our children every 3 to 4 months, and put those expenses on our credit cards too. We do send them clothing and have paid for some medical expenses like glasses.
Here are my questions:
1.Is there a statute of limitations, that could stop the California Court from 'reserving jurisdiction over child support'?
2.My husband's unemployment money will run out in 3 months, and right now it doesn't even cover anything close to his half of the cost of living. Can they still order child support? Because if they do, then I will be paying it indirectly, because I will have to foot even more of our bills.
3.Can a verbal agreement count in court?
4.Do we have to go to court in California?
5.The court already sent back our 30 day answer, saying we didn't include a $220 filing fee, of which we didn't know about. My husband called the California Court to find out why they didn't include that info in the paper's they served, and that he cannot afford to pay that fee. They would not send him a release form, he had to make a request in writing. We sent it over a week ago, and still have not received anything back. We are running out of time here. What can we do, if that court strings us out over the 30 days respond time?
6.Can we get help (or do we maybe even have to) from the Arizona courtsystem?
7.Do we have to match the Ex's standard of living?
We don't have any money for a lawyer. I have been all over the internet trying to find answers, but I am at a loss.
Thank you very much.
 

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