Out of nowhere

primal1469 · Jun 3, 2008, 09:51 PM

My now ex without me knowing moved out of state with our 2 kids while we were still married. I moved to the same state to be near my children. She had vanished with my children moving to another state... she never asked for support just asked me to disappear. I actually ran into her several years later and she was re-married with more children and she asked me if I would sighn over parental rights.. well its been about 3 plus years since then, total of 7 years since I have seen my children now she is filing for support and back support can she do this? Do I have a leg to stand on

cdad · Jun 4, 2008, 12:59 PM

Did you go through a divorce and custody hearings ? If so how long ago ? What child support were you supposed to be paying already ?

primal1469 · Jun 4, 2008, 02:30 PM

There was no custody hearing no support set and yes we were divorced in 2001

cdad · Jun 5, 2008, 01:38 PM

You need a lawyer to straighten this out. From the looks of it you need a custody hearing and to prove paternity ( court ordered DNA ). At that time is when you will know what you owe and can speak up about being a part of your children's lives. Don't expect miracles. Right now your in deep doo doo and you need to figure out a reasonable way to get past it. The courts will charge you with 7 years of arrears and your going to have to accept that.

primal1469 · Jun 5, 2008, 01:48 PM

Originally Posted by califdadof3

You need a lawyer to straighten this out. From the looks of it you need a custody hearing and to prove paternity ( court ordered DNA ). At that time is when you will know what you owe and can speak up about being a part of your childrens lives. Dont expect miracles. Right now your in deep doo doo and you need to figure out a reasonable way to get past it. The courts will charge you with 7 years of arrears and your going to have to accept that.

How can she ask for back support when she was the one who kept them from me and kept moving out of state isn't that alone illegal (parental kidnapping)... plus she won't get anything I'm a stay at home dad with my two kids from my new wife

cdad · Jun 5, 2008, 02:17 PM

OK lets use the premis parental kidnapping. Did you call the police or FBI ? As far as not getting anything.. that's not true either because the courts can impune a value to what you should have been paying and your wife and you will be responsible for paying it. In some states there is a 10% penalty of interest on arrears. This is no joke. You should have taken care of this long ago and you now have the chance to rectify what has happened. You can bring up all your issues but most courts only allow 15 min or less because your only granted a hearing not a trial. GET A LAWYER!! You need one really bad. With what can happen your whole life can be turned upside down. The courts will consider your current and past situation as well as the fact you have other children but you need real legal help.

samsabin · Jun 5, 2008, 04:16 PM

I don't think she can get back support she can only get support from the day she filed so if she filed a month ago the she can only get child support starting from that date

primal1469 · Jun 6, 2008, 09:39 PM

Originally Posted by samsabin

I dont think she can get back support she can only get support from the day she filed so if she filed a month ago the she can only get child support starting from that date

I have the original divorce papers and there is nothing listed under parenting plan or custody plans and I checked she has never filed until recently

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