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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

53.0. "That's incredible...." by AIMHI::RENDA () Thu May 03 1990 15:16

    Okay how about this one.....
    
    Brian (my husband) just file for child support assistance from
    his ex-wife regarding their 15 year old son.  He has been living
    with us for 3 years with no help from her.
    
    We just got the response back from her lawyer saying that we should
    be denied assistance based on the following reasons:
    
    1)  There were no reason's given as to what the support should   \
        be based on.
    
    2)  That Brian broke a statue and should be denied on that basis.
    
    3)  And for those reason's she's suing us for her lawyers fees....
    
    Can you believe this!!!!
    
    The statue she's refering to is that "with her verbal approval"
    we moved over the MA border a few miles into NH.  We have lived
    in NH for over a year and she never filed a complaint until now!!!!!
    
    Does anyone know how this might affect the court appearance or have
    any suggestions for us?????
    
    Thanks,
    
    Kim
    
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53.1GIAMEM::MACKINNONProChoice is a form of democracyThu May 03 1990 17:2117
    
    Kim
    
    
    Sure I can believe she is doing this.  Why not?  Probably was
    told to do so by her lawyer.
    
    When Eileen moved out of state with Erin, John basically stood
    by and watched. There was  not much he could do.  But there has
    never been a final agreement between them to date.  So even
    though a custody arrangement has been made, Erin is still a
    ward of the State of Mass.  
    
    Regardless of the reasons she/her lawyer list, if he is a custodial
    parent of this boy, he is legally entitled to suppport.
    
    
53.2Unrelated issuesSCAACT::COXKristen Cox - Dallas ACT Sys MgrThu May 03 1990 17:5219
Kim,

I'm not sure if it is the same in all states, but in Texas such matters are
totally unrelated.  If one parent denies visitation that does not give the
other parent the right to deny child support - they are both in contempt.
(and vice versa)

I would think that she would have to counter-file for contempt that he moved
out of the state without her permission, and the court would consider it
(any reasonable judge would probably not make a stink about moving a few
miles across the border, though).

You are still entitled to support, and she is still obligated to pay it.
I am surprised she does not *want* to provide support for her child.  That
amazes me.

Let us know how it goes... sounds like the lawyer is trying to scare you.

Kristen
53.3FSTVAX::BEANAttila the Hun was a LIBERAL!Fri May 04 1990 09:5313
    I agree with -.1
    The two matters are unrelated.  There is NO reason that voids a
    parent's obligation to pay support!  She may have some grounds for a
    contempt citation against you for moving to N.H.  but I doubt it. 
    Unless you moved miles and miles away, so many that it adversely
    affected her ability to visit the child.  But, then, courts do strange
    things.
    
    In any case, your proximity to her has nothing to do with child
    support.  I live 2100 miles from my children.  U.S. mail manages to
    find them every week.
    
    tony
53.4SIVA::MACDONALDMon May 21 1990 14:138
    
    Re: .0
    
    Understand the agenda here.  Her lawyer is simply trying to scare
    you off so his client will not have to pay support.
    
    Steve
    
53.5The verdict is in...AIMHI::RENDAThu Aug 02 1990 18:5713
    Well the verdict is in....
    
    Court was this morning and Brian was awarded a whopping $20. per week
    in child support for a 15 year old boy w/braces and a # of other
    physical requirements.  She did not ramp up to full time because
    of the court hearing and the judge was not concerned....
    
    Oh well it's a start and we'll keep working at it....
    
    Thanks for your notes and support, he went without a lawyer and saved
    that money anyway.....
    
    Kim