Need Advice on Child Support

Updated on July 16, 2008
C.W. asks from Austin, TX
4 answers

Hello all. My husband has a 17 year old son with his ex-wife. They have been divorced for about 9 years and have split custody. My step-son lived with my husband and I 50% of the time up until a year ago. We did not have to pay child support b/c they decided that they would split everything down the middle. We have managed to maintain a decent relationship with his ex for my step son's sake. My step son decided to stay with his mom full time this year b/c all of his friends are up north, he has a girlfriend up there and a after school job. His ex asked us to help out some financially and we all agreed upon an amount. We pay his health insurance, half of his car insurance and give a little more to help with other expenses. If anything big comes up, we always split it 50/50 with his ex. Well, yesterday she called my husband crying and saying that it was hard for her to ask for money and bla bla she feels guilty about some of the decisions she has made (she is the one who had multiple affairs and left my husband). She wants us to give an additional 200 per month to start a bank account for my step son for 4 years so that he will have something. Now, my step son, love him to death but we will be lucky if he makes it through highschool. He has no plans to attend college or a trade school at this time. Oh, I forgot to mention while my husbands ex was crying on the phone she kind of threatened wanting to go through the court and sue for back child support. So, we feel threatened and want to cover our behinds. Both of us feel that if my step son does not go to college and moves out that he should be financially responsible for himself. We have a 2 year old and another little one on the way. We love my step son to death and would help him out when ever he needs it. We did one of those financial calculators on line to see what we would have to pay/month and it's like $900. We will lose our house if we have to pay that much. Times our tough with my student loan, a car payment, day-care a mortgage and not to mention gas and groceries these days. Anyways, my question is legally can she sue for back child support if it was in the divorce papers that my husband wouldn't pay any. We are concerned that she might be able to go back to the beginning of this year when he moved out, even though we all agreed upon an amount and this is what she wanted. Even the 200/month for an account is going to stretch us financially. Should we go talk to a lawyer to see what our options are. Thanks.

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Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.S.

answers from Austin on

1) I would ask, did you get everything in writing when you agreed upon amounts? maybe even supporting documentation, such as emails. 2) I would find a lawyer in her state and where your step son currently resides? Each state has different rules about back child support. 3) Can you prove you made payments to his ex? Not just say, oh I gave cash but canceled checks, your bank statements to show transfer of funds, etc?

In my two cents, if he's not going to trade school or college, your husband's support ends at 18. Sounds like your son wants extra allowance. Also, your husband may have to pay his favor share (according the the courts) and it may be more than your budget will allow.

Good luck,
S.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

E.G.

answers from Austin on

It sounds to me she has come to her senses and realized her son is almost 18, child support stops unless he is in college. The additional $200 she is asking for is to cover her butt in the long run because there will be no additional income coming in.
If your divorce decree states there will be no child sipport filed against the other parent, If im not mistaken; there is only a certain amount of time for you to file after the divorce.

Now as far as back pay, your stepson lived with you 50% percent of the time so therefore she is not intitled to any back pay "as long as you can prove that he lived with you"!

Please keep all your receipts on anything you pay her or spend on yuor stepson, "sad to say" but the courts will ask for that sort of proof.

Good luck with you situation, congratualations on your baby and may God Bless Your Family.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.W.

answers from Austin on

The first step you might try with her is a mediator. At least it will be on record as to the agreements you all have made in the past and with the recent moving out. You can get it all in writing and if she goes to court you will have it as back up and maybe she will see some sense in it. You can put $ 200 away for him in an account with out giving it to her to do so....maybe have her match the amount so he can have enough to go to a tech school or get some specialized training to give him a leg up if he is not the college candidate. Or put it in a trust fund for when he decides he will use it for training or is mature enough to use the money properly.
Hopefully you have paid for things with checks and can show you have done your part and have the division of money in the divorce decree.
Mediation may be enough to show her you are willing to continue to help but she must match it and stop threatening.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

G.K.

answers from Austin on

If the custody papers state that no monetary support was owed, she cannot sue for something that is not due. She might try to go to court to get the order amended but the boy will probably be 18 by then and child support ends at 18 unless there is a special stipulation in the original order (usually pertaining to enrollment in a higher education facility).
If you have been giving 50% all this time, she has received a lot more support than most single moms do. Also, be aware that, if she does succeed in taking you to court for an amendment to the original order, you are entitled to see proof that all of the money you have given her has gone directly towards the support of his son. She should be able to show receipts, etc.
If you do decide to start a "college fund" for your son, do it on your own and make sure that she cannot access the funds. I don't think I'd even tell her about it. Set it up as a joint account between your husband and his son with the statements coming to you and, if she actually does go to court, you will have proof that you have already complied with her request.

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