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I have had joint custody with my ex for 9 yrs of my now almost 13 year old son. They got in a big fight and he sent him to live with me,,without even consulting me.. I WANT MY SON full time don't get me wrong. Question is if my son lives with me full time does my husband still pay me child support..is it less, more or what happens.. I am unemployed and don't have the funds for an attorney.. pleas help! THANK YOUi

My son begs to live with me,,but I am broke..his dad has a job but it's not a good enviroment for my son to live in

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Alexisif524

Asked by Alexisif524 at 1:45 PM on May. 19, 2011 in Parenting Debate

Level 2 (8 Credits)
Answers (11)
  • I had a similar situation with my ex. A lot of it depends on how the divorced decree was worded, but he should still have to pay child support, probably in the same amount. At least mine was.
    jensmom1961

    Answer by jensmom1961 at 1:50 PM on May. 19, 2011

  • If he is already there with you just go back to court and get it all official. He abandoned him in essence and now you need custody. You might be able to even get him to just sign some paperwork giving you custody and dont address child support in that agreement. Once that is signed and official (get it notorized and file it with the court house) go to child support enforcement and tell them you want child support. Theyll take it from there.
    gemgem

    Answer by gemgem at 1:50 PM on May. 19, 2011

  • Depends on where you live. Not all states give credit for time spent with the child.

    You also need to file legally change the custody agreement if the current one states Dad has primary placement. If you don't Dad can make son move back with him any time he choses. If you don't think Dad will come and get your son any time soon you can wait a few months and file for the change based on Status quo(the precendent that's been set), and the odds of you getting it will be really good even without an attorney.
    desert_diva

    Answer by desert_diva at 1:50 PM on May. 19, 2011

  • It should be more depending on what he is currently paying, if you know his income it should be about 20-25% depending on what state you live in, if that is where it is set at now, you may not be able to get more. I think you can call legal aid, and they should be able to help you!
    kimigogo

    Answer by kimigogo at 1:50 PM on May. 19, 2011

  • You need to get custodial custody of your child. If you don't then ex can get him any time and you could run into trouble with schools, dr's etc. Check with legal aid as they should be able to help you. At 13 many States will let the child choose where they want to live. As far as child support once the custody issue is settled then they will address child support.
    baconbits

    Answer by baconbits at 4:37 PM on May. 19, 2011

  • either the other parent has to sign over primary care to you OR you have to motion the court for primary care.. Once that happens YES your ex would have to pay support 20% of his income you can ask for fee waivers from the court & get all the paperwork there OR you can go a legal aid place that may be able to help look on the internet for them OR if your ex wants you to have the child maybe he will just agree to pay the support If so he it writing.. so talk to your ex let him know your ok with having the child there but need something in writing to cover your backside.
    maiahlynn

    Answer by maiahlynn at 5:15 PM on May. 19, 2011

  • Thank all of you for your help.. I'm overwhelmed with the information..THANKS SO MUCH! I'm sure I'll have more questions! I live in California by the way,,
    Alexisif524

    Comment by Alexisif524 (original poster) at 10:08 PM on May. 19, 2011

  • best thing to do is go to court, file a petition for full custody,, them go seek a public defender (when you go for the petitiom they will tell you where to go for that if you ask)
    xxhazeldovexx

    Answer by xxhazeldovexx at 1:24 AM on May. 20, 2011

  • Your ex should have to pay more since child support is based off of incomes and also how much time to child spends with the parent getting child support. That was crappy of him to do though, the child is his responsibility too, he shouldn't be able to push him off on you without asking you are willing to take him the whole time.
    JLS2388

    Answer by JLS2388 at 9:29 AM on May. 21, 2011

  • yes he stills pays you and he may even have to pay more
    MADUKES402

    Answer by MADUKES402 at 9:16 PM on May. 21, 2011

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