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    cookie75's Avatar
    cookie75 Posts: 3, Reputation: 1
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    #1

    Jul 7, 2011, 10:24 AM
    Child support and court
    Hello - I had to take my ex back to court for not following the child support order in place, he was ordered to cover our son for medical and pay 300 a month, he choose to drop her from medical and pay 150 a month, in the beginning I had my son (granted full custody) then we decided our son would live with him, he asked me for 100.00 a month (not court ordered) in which I paid (he was remarried and had two incomes so he wasn't worried about money at the time, he was just glad to get the 300 a month back into his check. Now 5 years later, our son is in my custody and he now wants to take me to court for not paying him child support. Can he even do that??
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 7, 2011, 10:41 AM
    Quote Originally Posted by cookie75 View Post
    ... he was ordered to cover our son for medical and pay 300 a month, he choose to drop her from...
    Who is "her"? The child is a son.

    Quote Originally Posted by cookie75 View Post
    ... then we decided our son would live with him, he asked me for 100.00 a month (not court ordered) in which i paid ... now 5 years later, our son is in my custody and he now wants to take me to court for not paying him child support. can he even do that???
    It's doubtful that he would be awarded past-due child support for a period in which he was, as I understand it, ordered to pay you child support.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 7, 2011, 11:29 AM

    First if there was a court order for him to pay you child support and you had legal custody, even IF the child was with him, he actually owes you the child support, unless custody was changed though the courts, he will owe.

    I owed my ex for three years support after she dropped the kids off with me and left for three years, I failed to get legal custody changed and had to pay her all the three year back after she returned and demanded the kids back.
    cookie75's Avatar
    cookie75 Posts: 3, Reputation: 1
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    #4

    Jul 8, 2011, 08:22 AM
    Comment on Fr_Chuck's post
    Being he had our son I had the courts remove the 28,000 in rears, I felt that was only fair since he did have him. Wow sorry to hear that happened to you!
    cookie75's Avatar
    cookie75 Posts: 3, Reputation: 1
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    #5

    Jul 8, 2011, 08:23 AM
    Comment on AK lawyer's post
    Sorry I meant "him" not her. I don't think he can get back support either, we will see when we return to court :) thank you !
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