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My husband''s ex-wife whom he divorced in 2004, has

Sent to Legal Experts May 5 2008 at 9:51 PM
   

My husband''s ex-wife whom he divorced in 2004, has informed us that she wants to file for child support for 2 children they have together. However, in their divorce decree it states that the ex-wife must pay my husband child support for the children. And that my husband has full physical custody of the children and they share joint legal custody. The children have been pulled between the both of them for sometime now. And although my husband has allowed the mother to file state and federal tax returns for one of the children. Does she have the right to file child support? And do we have the right to counter sue for child support payments not made since the divorce agreement was issued?

 

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Kaunakakai, Hawaii

Already Tried:
this is my first stop in asking.

Customer (name blocked for privacy)
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May 5 2008 at 10:21 PM (29 minutes and 44 seconds later)
         
REPLIEDCheck Mark

Hello Customer (name blocked for privacy),

Your husband's divorce says that your husband has physical custody. Their mother is ordered to pay child support. That order continues, unless and until the court changes it. Now, the children might go back and forth or whatever, but unless the ex-wife goes into court and gets the divorce modified, she will still owe the support at whatever level that was ordered in the divorce. In other words, if she was ordered to pay $500 per month (just an example), whether the children are staying with her, staying with him, or going back and forth---that $500 will continue to add up unless the court changes the divorce. If the ex wants to change it, she will have to file a Motion to Modify and then have him properly served and give him a chance to file a response.

Modifying a divorce is not an easy thing to do.

 




If I've helped, please click Accept so I can get credit for my work. This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
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May 6 2008 at 3:38 PM (17 hours and 17 minutes and 40 seconds later)
         
Reply to dkennedy's Post: I was just informed by the ex-wife that she plans on keeping the children from their father. Does she have right to do such a thing?
Answer
May 6 2008 at 4:15 PM (36 minutes and 39 seconds later)
         
ACCEPTEDCheck Mark

Hello again,

If your husband has physical custody of the children, he needs to make attempts to get them back. If she does not relinquish the children, then she is in contempt of court. He can file for contempt and she could be facing possible jail time, or other sorts of sanctions.

This situation shows why it is important to follow the court order (with some flexibility of course). If the children have been, as you stated, "pulled between them" this is the result. I hope everything works out for the children's sake.




If I've helped, please click Accept so I can get credit for my work. This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Reply
May 6 2008 at 8:44 PM (4 hours and 28 minutes and 47 seconds later)
         
Being that I am currently married to him, will I be responsible to pay child support for their children?
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