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    mishey's Avatar
    mishey Posts: 1, Reputation: 1
    New Member
     
    #1

    May 23, 2008, 09:23 AM
    Chances of winning case
    Long story short: Going to court over primary residency/child support for a 17 year old.
    Dad has primary residency and collects child support. Father and son had an argument about lying and disipline, son did not like this so called his mother and she came to get him while father was gone. Since, she has not paid her support and filed papers.
    Son wants to live with both parents but primarily with father. Mom wants support and will not listen to what he wants. She is in contempt of court over not paying support and has the gaul to want for herself! At 17 the minor should be able to decide as long as the rules as followed. We are willing to drop this matter and have no money owed but her unwillingness has forced us to go to court. So, we will ask for all back support which will cost her more than what she paid in legal matters. She also is demanding we pay for her lawyer!! Where do we stand in this matter? If the child lives with us primarily, are we going to have to pay her support?
    tjplayer's Avatar
    tjplayer Posts: 45, Reputation: 11
    Junior Member
     
    #2

    May 23, 2008, 09:41 AM
    I do not know what state you are in, but does not seem that you would have to pay support or her legal bills, especially since she is in contempt of court over not paying child support. If the father has primary custody and also court ordered child support I do not see that you are obligated for legal or support. Depending on your state laws there maybe an issue with her coming to get him, ( a minor in your primary custody without your consent and outside of the laid out visitation order of the courts) you may have some legal issues there because he still a minor and is not by law allowed to decide when and where he goes without your permission. Hope this helps but check with your lawyer and the state laws there.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #3

    May 23, 2008, 06:14 PM
    Depending upon what state your living in the answer is yes. You could in fact have to pay child support even though you have primary custody for example on a 60 ( you ) 40 (her ) split living arrangement. Also a lot of states allow a looser pays type of award if the party asks for it in advance. One state where the possibility could occur is in California.

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