Child Support Question....?
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Child Support Question....?
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My son who is 16 1/2 lives with me and always has. His biological dad has to pay child support of $172 a month (which he rarely pays) He is in arrears over $7,000.
My question is if I let my son go live with him, what do I have to do about the child support case since he is in arrears, and can he take me for child support even if I dont work. My husband is in the military and we have 2 other kids.
I dont have a problem with paying support or taking care of my responsibilites, I just dont know if they garnish my husbands pay for support, since I'm not working and havent been in over 4 years.
Additional Details
My sons father is my ex.... he is not military... My current husband of 14 years is military
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luvtochasecows
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It doesn't matter if he goes to live with his dad or not. If he owes you the money, you can still collect it. And, they do not base your child support on your current husband's pay, only yours. So, if you are not working, chances are they will not make you pay anything. |
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Ontheotherhand
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I THINK you have nothing to worry about. Yes, you'll have to pay support. But, all that will happen is that the amount your husband owes you will be reduced each week by whatever amount Friend of the Court determines is reasonable. Your husband will still owe you money, even if he has your son until his 18th birthday. By the way, WHY doesn't the Navy deduct the child support hubby owes from his pay? |
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goddess
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It's hard to say, and it's hard to say if they will remove child support for him. You would have to deny child support to be taken. |
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Cham
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Rightfully, you should pay support if the child is going to live with him, and he can take you for a modification when the voluntary relinquishment meets statutory grounds. However, fact is you can take him back for an enforcement, and likely what's going to happen is the same support you'd be paying is going to be returned to you anyway because of his arrears.
Most states do not consider your husbands income for calculating child support, and his wages would not be garnished. However, he can volunteer paying support if he'd like. Again, depending upon your state...your husband, since he provided necessaries for your child, can sue your ex for money spent doing so.
These two scenarios can be great bargaining tools. |
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i_love_it_4_real
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I believe that the Forces take a very dim view of paternal disharmony - go to his Commanding Officer; they will speak to you - and you owe your ex nothing; he has had all his chances, tell them and they will rectify the situation. |
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