View Full Version : My ex wife is seeking child support I am seeking 5 years back child support
ea cozad
Jul 30, 2011, 11:49 PM
My ex wife has not seen our child in over 5 years and child is only eight she has filed for custody and visatation I live in Florida and she lives in PA but our case is in Indiana can or am I able to move the case down here to Florida
ScottGem
Jul 31, 2011, 12:45 AM
If neither parent remains in the jurisdiction that original heard
The case, then jurisdiction can be moved where the child resides.
I'm assuming you were originally awarded custody by an Indiana court. Were you also awarded support? Was that support ever paid?
ea cozad
Jul 31, 2011, 02:12 AM
There is no support and there is no visitation at all but after a five year gap what are the issues I might face
cdad
Jul 31, 2011, 04:48 AM
What was decided by the courts if anything in Indiana ? The way its sounding nothing ever happened through the courts.
Fr_Chuck
Jul 31, 2011, 06:29 AM
It is very unusual for there to be no support and no visits with a court ordered custody.
But I assume the child lives with you. If so you can file for modifications where you live.
AK lawyer
Jul 31, 2011, 06:31 AM
For us to help you, you will need to pay attention to our questions. You say "ex wife". You were married, and that marriage ended in a court decree of divorce, correct? In the state of Indiana? And why was no provision made then for the custody & support of the child?
ScottGem
Jul 31, 2011, 08:55 AM
As AK noted, we can't fully help without knowing the circumstances. But if there was no support ordered, then its unlikely you can get any back support.
Where did she file? Without knowing the circumstances of the breakup and previous court orders, there is no way to predict whether she will get custody or visitation or both. The likelihood, unless you can prove she's a danger to the child, is that she will get some level of visitation. You should also be able to get support going forward as long as you retain primary custody.
ea cozad
Jul 31, 2011, 09:29 AM
Everything happened throw the courts it was filed in Indiana she never showed up for the first court date and sent her lawyer for the sec and then on the final date she didn't show but then signed her rights over and never really had follow throw
On anything she has two other children one lives with her the other with his dad
ScottGem
Jul 31, 2011, 09:34 AM
This helps only a little. WHAT was filed in Indiana, a divorce? Did she sign a relinquishment of paternal rights or did she just agree to allow you full custody? I'm assuming you filed for the divorce and you asked only for custody of your child. By not showing up and signing the divorce order she agreed to your terms, correct?
Remember, when you post here, you may know the background so it makes sense to you, but we don't so you have to provide more details. And please answer ALL our questions.