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    sunnytexasstar's Avatar
    sunnytexasstar Posts: 2, Reputation: 1
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    #1

    Sep 10, 2009, 05:22 PM
    Change in child support
    I had complete custody of my daughter for 6 years in Colorado. She is now 17 years old. At the time of the divorce we agreed that there would be no child support. During that 6 years the father made no effort to maintain contact. When the child became uncontrollable I sent her to live with her father. She has lived with her father for one year. Now the father wants child support and the state of Kansas is pursuing a support order. Does my court order in Colorado mean anything and can he get child support?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Sep 10, 2009, 05:27 PM

    If he has custody, he can get support. He may need to file for it in CO though.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Sep 11, 2009, 01:29 PM

    What do the current custody orders say as far as who has custody at this time ?
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #4

    Sep 11, 2009, 07:28 PM

    Has he filed for custody yet? That would be his first step. Once that is brought into court (and he wins custody) yes he can get support. It won't be back support or anything but the new court order will over ride the exsisting order.
    sunnytexasstar's Avatar
    sunnytexasstar Posts: 2, Reputation: 1
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    #5

    Sep 13, 2009, 07:13 AM
    We have joint custody with no support ordered either way. I raised this kid for 6 years on my own with no input or support from him. I just figured it was his time to be responsible and provide support for the last couple of years.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #6

    Sep 13, 2009, 07:46 AM

    Well if neither of you go to court then nothing will change. You say you have joint custody but there are two types of custody legal and physical. Legal just means that you have equal say in how the child is raised. Physical is where the child lives. Is she really living with both of you equally? If so then support might not be ordered but if one of you hase primary physical custody then a suppport order will be issued (the amount can very greatly because of a variety of things) if he goes to court to have the order modified to have him be the custodial parent and asks for support.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Sep 13, 2009, 12:52 PM

    If the original order was in Colorado and your still living there and the courts there never changed custody then Kansas has nothing to do with it. Tell them in Kansas to prove it with paperwork. The would be breaking the law. You most likely need to contact a lawyer in your area and get this straightened out. They have to go by what's court ordered and not just make it up as they please.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Sep 13, 2009, 12:56 PM

    Several things, first if he gets any type of public assistance and/or any assistance for the child, the state may come after you for some payment reqardless of any other agreement you may have.

    Next is the "no child support" in a written court order from the court? If so this is very unusual. But of course with a change of income, a change of custody a change of living arrangements, a person can go back and seek a change in child support all the time.

    What you did not do, or did not collect has nothing to do with the here and now
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