Odds of having to pay support to deadbeat mom??

[TxMsLady]

What is the name of your state? TX

My husband won custody of his two children in '92. They were delivered from a hell raising, pot smoking, druggie mother. Their ages then were 3 yrs and 5 mo. The oldest son went to live with his mother at the age of twelve, and the daughter has just turned 12 and has decided to live with her mother. He raised them without receiving a penny of child support, and now fears with the daughter leaving, that the mother will sue for child support. If this happens, could he counter sue for back child support, and what are the odds of him winning? The mother has since remarried 8 yrs ago and she and her husband both work.

Is there a contract that he could get her to sign waiving her right to child support in turn for the mother gaining custody of the daughter? Thank you in advance for you time and trouble.

 

[stephenk]

when your hubby gained custody of the kids was there a valid child support order in place where the ex had to pay hubby?

 

[Grace_Adler]

Q: If this happens, could he counter sue for back child support, and what are the odds of him winning?

A: No, he can't ask for back child support unless there was a court order for child support in the past.

Q: Is there a contract that he could get her to sign waiving her right to child support in turn for the mother gaining custody of the daughter?

A: No, I'm afraid it doesn't work that way. Whoever has the children residing with them the majority of the time has a right to seek child support.

 

[haiku]

no he cannot ask for past child support owed unless there was already an order in place.

You can make agreements lik ethat but if she changes her mind, YOU could be paying back support later, because if the agreement does no tgo before court it will not be recognized by court.

The bigger picture is, I would hope that this "deadbeat drug abusing" mother had changed her ways before I just handed over custody. You do realize just because a child "wants" to live with the other parent does not mean they automatically get thier way if the custodial disagrees?