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Home > Law > Family Law   »   Stepfather Objects To Agreement Waiving Child Support

 
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Old Mar 22, 2008, 02:13 PM
Concerned_DAD
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Stepfather Objects To Agreement Waiving Child Support

Ok... where to start... I am a father and my child lives in another state with her mother. Her mother is married and has been for quite a few years. My child's mother is leaving her husband and plans to move back to the state in which I live. My child's mother and I have had a court ordered child support order in the past(I paid her), but we've since worked out a verbal agreement and have cancelled the court order(a couple of years ago). The stepfather is angry over the coming divorce and has threatened me verbally that he is going to sue me over "back" child support that he thinks HE is entitled to for having played a part in raising my child. Is he in any way entitled to anything like that??? My child's mother and I are not getting back together, and she is prepared to help defend me if need be. Her soon to be ex-husband is looking to blame someone for his marital problems and is trying to blame me because his wife and I are still friends. What rights does he have and what rights do I have to protect myself against an angry stepparent? Any advice is much appreciated.

We did go through the proper channels to change the child support order. There is no child support order as of a couple of years ago. We both signed off that we have agreed to handle child support ourselves. We have been civil toward each other and have had no problems other than her husband complaining that I wasn't paying enough(He seems to think I should be paying thousands of dollars or something). As of this moment, there is NO court order for child support in effect.

He claims to have spoken with an attorney that tells him he has every legal right to sue and collect on any money he paid out to support my kid. He could be just blowing smoke, but I just want to be sure. Has anyone else ever run into a problem like this?

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Old Mar 23, 2008, 04:04 AM   #21  
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Quote:
Originally Posted by GV70


http://www.childsup.ca.gov/Portals/0...Calculator.pdf
CALIFORNIA DEPARTMENT OF CHILD SUPPORT SERVICES
Page 24:New Spouse Income
"The information is used to calculate the tax, but is not added to the income considered when calculating child support payments."
As far as that reference is concerned its a good one for using the calculator as it is not automatic that both incomes can be combined. But further in the document it talks about impuned income and thats when it can come into play. It must be by court order. example : If an ex spouse were working as a secratary and then married having a child from previous relationship and decides to be a housewife ( domestic engineer ) and to dedicate herself to home and relationship ( i.e. quit qorking outside the home ) then that would not release the person from having a child support payment and for the purpose of calculation the new husbands income would be included. Same would be for going from full time work to part time. ( end example )

Marriage is a legal and binding contract and when 2 persons enter into it they also assume the wealth and debts of the other party. Unless somewhere it says that child support is always seperate and never a part of a responsibility of a marriage then by the grounds that were formally stated any ex with a chip on thier shoulder could sue because they dont think someone paid enough. There has to be an end somewhere.
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Old Mar 23, 2008, 04:10 AM   #22  
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Quote:
Originally Posted by Concerned_DAD
Thanks all for your responces.The truth is:we waived all child support payments two years ago.I haven't paid child support for two years but it was our agreement.
And to you Sir. You should be paying child support until your child reaches emancipation. At a minimum put the monies into a trust for your child for collage or use for later in life. You have a legal and moral obligation to pay. And if you havent been paying then the others are correct in what they say about collecting damages because you were negligent in your obligation. Your childs welfare should have been primary concern.

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GV70 agrees: agree with "Your childs welfare should have been primary concern."
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Old Mar 23, 2008, 05:24 AM   #23  
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Hopefully questions aren't answered with lectures on this site. In my mind it would be a sure deterrent to asking.

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Treeny agrees: very true
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Old Mar 23, 2008, 05:29 AM   #24  
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Quote:
Originally Posted by purplewings
Hopefully questions aren't answered with lectures on this site. In my mind it would be a sure deterrent to asking.

There is often a thin line between the legal and the moral arguments - and I have crossed it myself.

Please don't judge anyone.

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purplewings disagrees: I don't think it's up to you to tell me what to say. People don't come here for lectures.
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Old Mar 24, 2008, 03:49 PM   #25  
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Quote:
Originally Posted by califdadof3
example : If an ex spouse were working as a secratary and then married having a child from previous relationship and decides to be a housewife ( domestic engineer ) and to dedicate herself to home and relationship ( i.e. quit qorking outside the home ) then that would not release the person from having a child support payment and for the purpose of calculation the new husbands income would be included. Same would be for going from full time work to part time. ( end example )
Second example:If an ex-spouse were working as a secretary and then married haaving a child from previous relationship and decides to remain a secretary,the CS will not be increased.If a person earns $3,000 a month and pays $ 750 as CS ,marry to a person who earns $ 6,000 a month the CS will remain same...and shoudn't be $1,750.
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Old Mar 25, 2008, 05:01 AM   #26  
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purplewings disagrees: I don't think it's up to you to tell me what to say. People don't come here for lectures.


Very surprised that you chose to post this as a "reddie."
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Old Mar 25, 2008, 05:08 AM   #27  
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Comments on this postpurplewings disagrees: I don't think it's up to you to tell me what to say. People don't come here for lectures.

First, may I call your attention to the guidelines for using the comments feature found here:

http://www.askmehelpdesk.com/feedbac...ure-24951.html

I find this almost laughable. You don't think it up to Judy to tell you what to say, but you have no problem in telling her what to say. The fact of the matter is that anytime you post a public comment, ANYONE else has the right to add their own comment on what you posted as long as that comment doesn't violate the site's guidelines.

No, people don't come here for lectures, but sometimes, a lecture is an appropriate response to the question.
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Old Mar 25, 2008, 05:16 AM   #28  
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Old Mar 25, 2008, 10:03 AM   #29  
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Quote:
Originally Posted by bEaUtIfUlbRuNeTtE
English translation :

A person must make herself happy before another. Did you do it?


I cannot help it I am in love with me with emotion, on the spiritual level and physically. Confidence is the key with the fact of carrying out a good life with prosperity, the love, the respect and the beauty.

Link to online free translator :

AltaVista - Babel Fish Translation
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Old Mar 25, 2008, 10:35 AM   #30  
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[quote=califdadof3]English translation :

A person must make herself happy before another. Did you do it?


I cannot help it I am in love with me with emotion, on the spiritual level and physically. Confidence is the key with the fact of carrying out a good life with prosperity, the love, the respect and the beauty.


I thought it meant: "Look - I can post a smiley face and speak French."

Thanks for the translation. (Interesting site - didn't know it existed.)
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