NCP with possession, still paying CS

[KuntryMom83]

What is the name of your state? Order from TX, child and I live in KY

I can't find my other thread here from a few years ago.

However. 12/28/2017, CP and his aunt decided they were done with my son. So, I went and got him, and have had him ever since. CP has visited once for 4 days, and that was one year ago. He has not helped in any way. That is mostly fine, as he carries insurance. However, my husband is disabled, and I make minimum wage. My sons meds run about 175 a month, CP has no script insurance. I can't go back to Texas, and not only am I still paying CS, I found I have a warrant. I can't take my son out of school to go to Texas, and I don't have a vehicle that would make that trip.

When I told CP that I needed him to at least help me with stopping my paying him, he just keeps saying things like, boo, and that sucks.

I have also gained custody of CPs daughter, who lives where I live(with me, different situation). I need to know what to do. Where I live, there is no free consultation, and any lawyer I've tried to reach on Texas, says that I am correct, in that he has to go to court, stop the support. Thing is, he won't, because he knows that by admitting he doesn't have the child, they will put the support on him. And according to one lawyer, he could be made to pay me back all that he has received from me in the last 16 months.

Can someone please advise? I am on a mobile, but will try to answer as best as I can!

Thank you, for your time!

 

[Just Blue]

@KuntryMom83, What was your other user name?

 

[adjusterjack]

You should have gone back to court 16 months ago. Or at least quit sending him money.

 

[not2cleverRed]

You should have gone back to court 16 months ago. Or at least quit sending him money.

Except that she can't just "stop sending him money" unless there's a change to the court order. There's already a warrant!

We can all agree that step 1 is to change the parenting plan to reflect the status quo, and that a modification in child support making her the payee not the payor would follow from there.

She has not indicated whether she has looked into the possibility of appearing telephonically / remote appearance.

 

[Ohiogal]

You need to immediately file for custody of the child you have with him. Furthermore, you need to file for custody of the other child who is living with you who is his. You will not get out from under CS unless you file for custody. File for Temporary custody as well so that you can have custody while the matter is pending.

 

[LdiJ]

What is the name of your state? Order from TX, child and I live in KY

I can't find my other thread here from a few years ago.

However. 12/28/2017, CP and his aunt decided they were done with my son. So, I went and got him, and have had him ever since. CP has visited once for 4 days, and that was one year ago. He has not helped in any way. That is mostly fine, as he carries insurance. However, my husband is disabled, and I make minimum wage. My sons meds run about 175 a month, CP has no script insurance. I can't go back to Texas, and not only am I still paying CS, I found I have a warrant. I can't take my son out of school to go to Texas, and I don't have a vehicle that would make that trip.

When I told CP that I needed him to at least help me with stopping my paying him, he just keeps saying things like, boo, and that sucks.

I have also gained custody of CPs daughter, who lives where I live(with me, different situation). I need to know what to do. Where I live, there is no free consultation, and any lawyer I've tried to reach on Texas, says that I am correct, in that he has to go to court, stop the support. Thing is, he won't, because he knows that by admitting he doesn't have the child, they will put the support on him. And according to one lawyer, he could be made to pay me back all that he has received from me in the last 16 months.

Can someone please advise? I am on a mobile, but will try to answer as best as I can!

Thank you, for your time!

Get in touch with your local child support agency and file for support for both children. Once it gets into court if you want to negotiate with dad for you to simply stop paying him that's all good and well...but that may not be the right way to go.

 

[Ohiogal]

Get in touch with your local child support agency and file for support for both children. Once it gets into court if you want to negotiate with dad for you to simply stop paying him that's all good and well...but that may not be the right way to go.

Ignore LD. Unless you have custody you will NOT get support. She apparently didn't read properly.

 

[KuntryMom83]

Again, on mobile, so I'll answer questions as I can scroll up.

I have custody through CPS of his daughter. I already have her CS, and it mainly goes to her getting back and forth to work and school. So that is already settled.

I don't remember my old handle. I had posted that I was working as a waitress in a strip club, and that he was and still is, in a relationship with his aunt.

I am unsure about telephone appearances. Being pro se, I had no idea that was an option, but I will definitely inquire. I just wasn't sure what to do, because the child has residency here in Kentucky with me, but Texas retains jurisdiction, and my ex still technically lives there.

Obviously I can't just stop paying, Haha! I was behind originally due to loss of job during a high risk pregnancy. I started paying towards arrears from a previous balance, then lost my job, had my daughter, and moved. So, I am I am doing my best to try and keep it together on minimum wage, and paying 412 a month. I am lucky in that my husband owns our home. But other Bill's do apply, and I absolutely agree that I owe the original back support. However, I am paying towards my previous balance, on top of my actual obligation.

 

[Just Blue]

Again, on mobile, so I'll answer questions as I can scroll up.

I have custody through CPS of his daughter. I already have her CS, and it mainly goes to her getting back and forth to work and school. So that is already settled.

I don't remember my old handle. I had posted that I was working as a waitress in a strip club, and that he was and still is, in a relationship with his aunt.

I am unsure about telephone appearances. Being pro se, I had no idea that was an option, but I will definitely inquire. I just wasn't sure what to do, because the child has residency here in Kentucky with me, but Texas retains jurisdiction, and my ex still technically lives there.

Obviously I can't just stop paying, Haha! I was behind originally due to loss of job during a high risk pregnancy. I started paying towards arrears from a previous balance, then lost my job, had my daughter, and moved. So, I am I am doing my best to try and keep it together on minimum wage, and paying 412 a month. I am lucky in that my husband owns our home. But other Bill's do apply, and I absolutely agree that I owe the original back support. However, I am paying towards my previous balance, on top of my actual obligation.

He was posting on here wasn't he?

 

[KuntryMom83]

I think at one point someone came on, supposedly him. I never said anything about it to anyone outside of here, so never confirmed. But I believe a fake story was posted, and then my thread was dragged into it.

 

[KuntryMom83]

As for any paperwork, he just keeps giving me a 6 month POA at a time. It isn't about getting money from him, so much as about being able to end my obligation, so I can actually support our son.

 

[KuntryMom83]

You need to immediately file for custody of the child you have with him. Furthermore, you need to file for custody of the other child who is living with you who is his. You will not get out from under CS unless you file for custody. File for Temporary custody as well so that you can have custody while the matter is pending.

Sorry for bothering you, but I had a question. If Texas holds jurisdiction, where do I file? Would I file here, and then request for Kentucky to ask Texas for jurisdiction? My son meets the requirements of residency here, and so do I. As I said, I can't get to Texas, and while I can absolutely afford Bill's, there's no way to save, and we live just comfortably enough, that there isn't anything of enough value to sell to provide funds for a lawyer.

 

[t74]

Have you tried the free or cost based on ability to pay services? The legal clinic at your local law school is an resource often not considered an option. This is an useful problem for students to research.

 

[Ohiogal]

Sorry for bothering you, but I had a question. If Texas holds jurisdiction, where do I file? Would I file here, and then request for Kentucky to ask Texas for jurisdiction? My son meets the requirements of residency here, and so do I. As I said, I can't get to Texas, and while I can absolutely afford Bill's, there's no way to save, and we live just comfortably enough, that there isn't anything of enough value to sell to provide funds for a lawyer.

You would file for your order to be domesticated and request Texas to release jurisdiction due to forum non conveniens. But you need to understand that you need to take those steps and Texas can say no... then you would have to file in Texas.