Was laid off!!

[krislild]

What is the name of your state (only U.S. law)? michigan

I was just laid off my job of 5 years like so many others I am searching hard for a job. Thank goodness for income tax, that will hold me over for a while. My question is sort of about both custody and child support.

My ex has a current court order to pay child support, which I have never pursed because I have always got by with my job, but now being jobless for hopefully not too long I may need that money. He signed over sole custody to me when we went to court a few years ago and the case is in tack from what i understand just closed for lop. My question is if i end filing for support to be taken from his checks and it im sure will make him mad and he goes to back to court do they look at the old file and continiue from there. Will he be required to follow court recommendations and how will the courts look at him if he all of a sudden decides to re purse custody only after I am in need of child support. How will the courts look at me for being unemployed. Thank you for your time and sorry for so many quesitons.


PS He has my child a another child that he does not support and 2 kids with wife and another on the way. Thanks

 

[summerdawn]

What is the name of your state (only U.S. law)? michigan

I was just laid off my job of 5 years like so many others I am searching hard for a job. Thank goodness for income tax, that will hold me over for a while. My question is sort of about both custody and child support.

My ex has a current court order to pay child support, which I have never pursed because I have always got by with my job, but now being jobless for hopefully not too long I may need that money. He signed over sole custody to me when we went to court a few years ago and the case is in tack from what i understand just closed for lop. My question is if i end filing for support to be taken from his checks and it im sure will make him mad and he goes to back to court do they look at the old file and continiue from there. Will he be required to follow court recommendations and how will the courts look at him if he all of a sudden decides to re purse custody only after I am in need of child support. How will the courts look at me for being unemployed. Thank you for your time and sorry for so many quesitons.


PS He has my child a another child that he does not support and 2 kids with wife and another on the way. Thanks

Is ther a custody or visitation order at all? Were you married to him?

 

[Zigner]

So, you want him to pay support, but don't want him involved in his child's life?

 

[krislild]

summerdawn

Thanks for replying we were never married and the court order was closed for lacked of progress. But on the site it states that all decisions and orders are in tact from what I understand anyway.

 

[krislild]

Zinger

No, I never said I did not want him involoved. I just want to make sure that our child is protected he follows through with what the courts and I have deemed safe and appropriate (sp) for the best interest of the child.

 

[summerdawn]

Thanks for replying we were never married and the court order was closed for lacked of progress. But on the site it states that all decisions and orders are in tact from what I understand anyway.

You stated the CHILD SUPPORT court proceedings were closed right? If you file for support, and he decides to file for visitation, he WILL get it, and probably joint legal custdy too. If you are worried, however, if he can come and try to take custody of the child just because you filed for support, that would be very difficult for him to do and he would have to prove you unfit.

Sorry, Zig, when I read this I took it more as mom was concerned she might apply for CS and dad might come back trying to get custody to get out of paying, not that she didn't want dad to be involved...

If he signed over sole custody, does it have a portion in the CO that outlines his visitation/parenting plan?

 

[krislild]

Sorry if my post was confusing. We went to court and the courts deemed that my ex had to do classes and supervised visits in a facility for x amount of months while completing classes, and drug testing and anger management courses. For whatever reason he did not pursue any of thes items and gave me sole custody and basically walked away from it all. I continued with all the court process including child support which he did not show up to the hearing which angered the judge and had it noted within the file. They ordered child support to be paid which he has never done, along with any of the guideline to begin establilishing a relationship with our child. Instead he has decided to have more children and not put any time to bonding with our child.

 

[summerdawn]

Sorry if my post was confusing. We went to court and the courts deemed that my ex had to do classes and supervised visits in a facility for x amount of months while completing classes, and drug testing and anger management courses. For whatever reason he did not pursue any of thes items and gave me sole custody and basically walked away from it all. I continued with all the court process including child support which he did not show up to the hearing which angered the judge and had it noted within the file. They ordered child support to be paid which he has never done, along with any of the guideline to begin establilishing a relationship with our child. Instead he has decided to have more children and not put any time to bonding with our child.

How long ago was the court case for custody? If you already have a case for custody, and he files to modify his custody/visitation arrangemen, they don't open a whole new case, they take out the file and add to it. It should have the same case number as the one you already went through, which means that all that stuff will probably still be on file.

 

[krislild]

The case was three years ago, and nothing has progressed. So if they look at the old file what are the chances of him not having to take all the steps the courts already ordered him to do. Will the courts look down at the fact that it took him threes initally to file custody in the first place and then another three years to re-visit the courts, only after i pursue child support. Hopefully that makes sense. Sorry

 

[summerdawn]

The case was three years ago, and nothing has progressed. So if they look at the old file what are the chances of him not having to take all the steps the courts already ordered him to do. Will the courts look down at the fact that it took him threes initally to file custody in the first place and then another three years to re-visit the courts, only after i pursue child support. Hopefully that makes sense. Sorry

Has dad had any contact with thechild at all? Or any regular type of visits? Or ANY visits?

 

[krislild]

My situation is very sticky. my child knows both her familys and loves them very much. But my child up till right before x-mas did know how who the childs dad was, when I told our child she was under the impression that my dad was her dad. I told her if you want to see him ill arrange it and i told her that it would be good to meet him. she has not desire to want to see him. She has been at funtions where he is ther but will not talk to him she runs from him. He has never spent any real time with her and she is afraid of him. I am in the middle trying to encoruage it but i dont feel she should be forced either. Am I wrong?

 

[bononos again]

Well, I would think if he did ask for visitation that the court would again include the stipulations they did in the past. If he follows through this time - Great! Your kiddo will get the chance to get to know him.
It seems the court was on top of things last time.
You really should try to get the support. You don't know how long you will be out of work.
You should have persued it before also. Even if you didn't need it, it would have been nice to have it saved for just such an occasion.

 

[TinkerBelleLuvr]

With the last court order, did it have FOC enforcing the order - or does it have dad paying you directly?

Makes a difference on what advice I give with FOC.

 

[krislild]

Ginny

Im not sure it was ordered through the courts.