If I file for child support, can my ex-husband take my child from me?

i really need the extra help from him but he keeps threatening to take her from me if i do... and i dont want to loose my baby over money... any help.

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newbeemommy07

Asked by newbeemommy07 at 3:19 AM on Jul. 19, 2008 in Money & Work

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Answers (13)
  • toughie. i think you should. if he wants to fight, let him. thats really messed up. and if he cant pay he can go to jail.
    briyeti

    Answer by briyeti at 3:24 AM on Jul. 19, 2008

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  • He can try but it'd be a really poor attempt. As long as your not an "unfit" parent, then he can't do a single thing. About the only thing he can do is file for equal visitation rights in which case they may not make him pay. But he can't take her away from you. I filed child support on my ex and the only thing he's able to do is go to court and try get the amount lowered. I guess the answer to your question is no he can't. Oh and the amount of money I think they generally stick with is six hundred a month. So I'd say file for child support. It takes a while but I think it's worth it in the end.
    jvann1

    Answer by jvann1 at 3:25 AM on Jul. 19, 2008

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  • briyeti, has a good point. However, I think if he can't pay, they take his license away, but I'm not sure about the jail part though.
    jvann1

    Answer by jvann1 at 3:27 AM on Jul. 19, 2008

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  • actually i think they put a warrant out first. and then if he screws up its just more leverage...BOTH my parents are in that mess. not too sure, all i know is, theyll get on his ass to make him pay up.
    briyeti

    Answer by briyeti at 3:30 AM on Jul. 19, 2008

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  • yes, but he can always try to take her away from you. don't let that stop you, you are quite obviously the better parent if the jerk is threatening to take your baby away just because he doesn't want to take responsibility financially. the courts will not look kindly on that at all.
    unga

    Answer by unga at 4:23 AM on Jul. 19, 2008

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  • to clean up my answer, i meant that he can always fight for custody as her biological dad. child support is based partially on percentage of custody. he figures that if he has her, he won't need to pay. that does not mean the court will grant him custody though. besides taxes and student loans, the gov does not mess around with unpaid child support. you can really stick it to him.
    unga

    Answer by unga at 4:25 AM on Jul. 19, 2008

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  • You have her get the help you need dont worry about him
    bunco

    Answer by bunco at 4:56 AM on Jul. 19, 2008

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  • I don't know how it is where you live, but in WV he is intitled to have some kind of visitation. He would also have to prove you an unfit mother. If you are taking care of her, you have nothing to worry about. Also, He needs to help out. it's expensive to raise a child. you're doing the right thing
    blue_eyedmomma3

    Answer by blue_eyedmomma3 at 11:58 AM on Jul. 19, 2008

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  • he can try but he has to prove that you are an unfit mom i come from a devorce family and that would be the only way he could get her gl
    chopperchic1012

    Answer by chopperchic1012 at 3:29 PM on Jul. 19, 2008

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  • File for child support. She is his daughter and she needs to be taken care of. That way it is in writing that he needs to help out and he knows the consequenses of not taking care of his responsibilities.
    taracv

    Answer by taracv at 4:45 PM on Jul. 19, 2008

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