Do I have to pay child support?

Question

I have sole custody of my son have for the last 13 yrs he wanted to spend a yr with my ex in NC to get to know his dad so I let him...he wanted to stay there this yr too so I let him...my ex NEVER paid a dime in 13 yrs except for trips when he wanted to see him...and is now suing me for support so my thought is how dare he...do you think a judge will order me to pay even tho he didnt pitch in daily living.. hes in NC im in WA state and he was never ordered to pay support and I never went after him I raised my son on my own with no help from him....what do I do now?

Answer 1

I'm going to say you need to consult a lawyer about this.



I do not know if the original child custody court lost jurisdiction once the child went to live with his dad.



However, under the Uniform Child Custody Jurisdiction Enforcement Act, if a child's home state changes, then the Carolina court may have primary jurisdiction to determine child support.



However, that doesn't mean you can't set off any original court ordered child support or back child support.



What you didn't say is whether you ever got a court order for sole custody. It seems if you still have sole custody it doesn't matter if the boy lives with him.



This is a very difficult and imprecise issue because you never got a court order for support which should've been thing-one.



Hence, you need to retain a lawyer. Honestly, it was a bad move not getting a support order and shame on the Washington court for not granting support orders. The court fell flat on this one. Parents cannot waive child support, and, you both owe it to support your child.



At best all you can do is counter-sue for back-child-support and hope that the court will allow you either that or a setoff and recoupment for all back child support against future support orders.



Again no one here can tell you as we're not lawyers in the jurisdiction where he's suing.

Answer 2

He first has to petition the court for at least joint custody. As of right now if he has no real custody from the courts in place he has no right to keep your son and the same is just because your son wants to be there doesn't mean he gets to. I honestly wouldn't want a man that didn't even bother to be a part of my childs life keep my child. Get your son back and let him take you to court for joint custody. If he refuses to send him back then it is kidnapping, he can petition the courts all he wants for support but without a legal agreement saying he has majority of the time he will lose. Verbal agreements do not work in these situations. Better go get a lawyer and get some help. Good luck!

Answer 3

Child support laws differ from state to state just as extradition laws vary from state to state. In other words just because a judge found for you and against him in a counter suit does not mean they can make him pay, but the reverse is true as well. The state I live in has many "No payment" child support cases, because the delinquent parent is in a neighboring state or absentee then that state, country, or province will not extradite back to ours. States that extradite have a written agreement in force, but not all states have this agreement. Our state also allows the delinquent parent the right to pay a fine if they are caught in our borders, but they have to be caught, arrested, or pulled over for some reason. The police do not just sit around looking for them because of child support. The idea of the penalty fee is to give that parent a chance to catch up on their payments to child support, but as soon as they leave our state again then they usually stop payment. Basically we are 50 states under the same flag sharing similar ideas and values, but in reality we are 50 separate nations with separate laws.



I would bluff and tell him that you are going to counter sue him for child support and see what the response is. If you file a counter suit it would be in civil court. You usually only have 3 years in which to file, but once again this could vary from state to state. Child support services are interested in only two things. 1.) THEIR FEE and 2.) That someone is paying for the child. They are not interested in seeing that you are treated fairly. That is a civil matter.

Answer 4

The short answer is "yes.' Support is based on need at time. You really need to see a family law attorney. Is your ex claiming your son's residence is now in NC? This can get very complex. Whatever you do, you must respond to the court date. The court might allow you to call in. See an attorney.

Answer 5

Yes, you will be ordered to pay child support. If you never "went after him" then I assume that means you never petitioned for an order for child support. Therefore, *legally*, he didn't owe it. It was your responsibility to file, and you failed to do that. Go talk to an attorney about the possibility of petitioning now for back support, but even if you do that, there's a very good chance the court will tell you "no"--they generally only award support *from the day of filing* (and now the child is not living with you)

Answer 6

I hope you have paper work from a judge that said yo have sole custody. He can't then ask for child support . You do have your child living with you or is he with him . i would get your son back if he is going to be like this.You need to go to the child support and put a child support order on him reguardless if he has him right now he will be charged for the thirteen year if you tell them you want back support. Tell him you wanna play well now you will PAY!!!!

http://www.ehow.com/how_7465107_sue-back-child-support.html

Answer 7

Get a lawyer. You may have to pay for the time your son is living with him, but maybe you can try to get some child support for all the years you raised your son with no help from his father. Good luck.

Answer 8

I don't think there's a burden like yhat on you since you have sole custody. You have the power to decide whether he can stay there though. If your ****** ex doesn't have the money to provide for his trip, then take the child back. I've never heard of a sole custodian paying support. He's lucky that you allow the child to visit him.

But yes. You should run it by a lawyer.

Answer 9

Yeah, he has the right to do it whether you like it or not.

See you could have and SHOULD have made him pay child support for those 13 years. You didn't so you lost out on that. Now that he has the child he can get it from you.

Answer 10

The fact that YOU never took him to court for child support does not mean that HE won't be granted support for the year your son is living with his father. A judge would have been happy to hear your case and grant child support . . . had you gone to court and asked for it. Now you will have to support your son, as you have been while he has been living with you.

Answer 11

The only person who can answer this question correctly is a family law attorney. Since you are being sued for child support, I suggest you make an appointment with an attorney who specializes in family law and child support issues immediately.

Answer 12

the courts will have records of him not paying child support. you should have took him to court years ago for support. i would be shocked if any court made you pay! but at the same time, i guess he has a right to sue you for it! heres what you do, as he sues you for support for a year, sue him for 13 years of back custody. you will end up paying nothing and he will have to pay 12 years worth of back support!!!

Answer 13

If you have legal custody, and are primary, because he is basically on vaction, you should no t have to pay child support,push come to shove it is not to late to file for child support, after you do he will have to pay back child support, tell him to deduct from that, and all should square, after you recieve the rest of the back child support.

Answer 14

You will need to take him back to court-get back support payments and THEN alert the court you are open to making child support payments. I would make sure you start the proceeding in your state/county courthouse so if he goes after you, you can prove to that state that proceedings have been started to gain backdated support, in yours. Also make sure you have documentation for the little visits that took place for the 13 years. Prove how you supported the child on your own. As much documentation as you can but alert your judge that he is now with his father and his father wants you to pay after you have been the sole supporter for 13 years. Good luck.

Answer 15

He never paid because he was never ordered to. Hopefully , not only will he get support but also back support for the year you were a deadbeat mom .

Answer 16

You are both responsible for the maintenance of your son so yes he can sue and so can you.See a lawyer because he can negotiate for back pay for the upkeep of your son.I would advise you to agree to pay child support as well.

Answer 17

You need a good attorney. First he would have to acquire custody, so get them back immediately. Once you do get them back, if you can, have your attorney file a child support order against him. You cannot get back support if you never filed an order, but you can get it until your son is 18 or 19.

Answer 18

First u order ur son home. U have sole custody, U set the rules. After he is home take ur ex to court and get the support ur son needs.

Answer 19

He's a bum and a total loser but legally he has grounds but when you counter and you must counter sue for this to be valid with 13 years worth, he'll be p*ssing in his panties. Because not onloy will the money he owes you trump that, his wages will be garnished all because his greedy pathetic self opened up this can of worms

Answer 20

My dear friend,stick to the conditions laid out in original divorce document.Engage lawyer and reply your unwillingness to pay child support.According to me,you should have asked from him for child support!

Answer 21

Go back to where you ordered child support and he still has to pay. Two -if he has has him he can file for support. Just go get him back

Answer 22

It sounds like your son is going to stay with his father so you'll have to pay up. Sucks but it's the right thing to do.

Answer 23

Id say you both owe something given the odd situation. Personally he owes you but legally - check with a lawyer to find out where you stand.

Answer 24

Yes he can go after you for child support and a judge will order it. Don't get mad. You made a choice to not pursue him.

Answer 25

School and medical records shows that your son was with you and not him. If he didn't have custody then there is no reason for him to be spending money on the kid therefore you don't own anything.

Answer 26

Both of you pay up. Counter sue him for not paying. Tell him if you get sued, then that will backfire because he has never payed. You are wise for not going after him, it is drama that you don't need in life raising a kid. If he want to see his kid that you raised, tell him to pay some child support.

Answer 27

yes, my life is a piece of crap for my father not coughing up a few bucks even though hes a doctor!!! so yes, u spent my christmas with absolutely nothinf, so cough it up

Answer 28

I would file for back support.

Answer 29

Consult your lawyer is the best way to solve problem. Find a good lawyer friend who can help you to resolve the issue. Talk to your son’s papa over the phone, chat or email try to resolve internally. Forgiveness is the best medicine for your soul, forgive and communicate with his papa. We do not liv e forever, who knows you might need him to attend your son’s wedding or your son need papa to help in life one day. You are a good mama, praise God for good mama! Jesus God loves you! Say a prayer to God, He knows your heart, He will bless you and help you to overcome all obstacles in life and work – big or small. May God bless you!

Answer 30

u didn't go after him, so nobody asked him to pay child support and he didn't volunteer. but now he ASKS u to pay, so i am afraid u will have to pay chuld support. but u, in turn, can sue him for child support for 12 years in turn

Answer 31

Get an attorney who knows family law!

Answer 32

Point out to the ex that if he sues you for support now, you will sue for back support. See how that affects matters first.

Answer 33

Yes pay up little lady.

Answer 34

Go see a lawyer.

Answer 35

Pay up, mama.