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TNgirl32 · Sep 13, 2013, 12:03 PM

My husband and I have custody of my stepson. The mother agreed to send him money when he needed some and to help with clothes if she didn't have to pay child support. So we didn't ask for child support. Here we are a year later and she has done almost nothing for him. I was wondering if it was possible to file for child support even though the court order it states she will not be paying child support. The custody order was created in Ohio.

smoothy · Sep 13, 2013, 12:22 PM

Go back to the court and get it amended to include support based on her current income. Odd they diddn't order support...

AK lawyer · Sep 13, 2013, 05:54 PM

So basically the mother got the father to forego an order of support in return for a false promise to give you "some money" from time to time. I trust you realize, in retrospect, that "agreement" was a very foolish thing for your husband to do.

I don't know that the court can or will revise the divorce decree now. There is really not change in circumstances to justify a change in the decree so as to now award child support.

ScottGem · Sep 13, 2013, 06:13 PM

First, if it is your step son, then I doubt if you have custody. But your husband does. As a step mother you have no legal rights.

Second, do you have proof that the father didn't ask for support on the promise that the mother would contribute from time to time? If so, that could be grounds to revise the support order. The father can try file for support, but there are no guarantees the court will grant anything.

cdad · Sep 14, 2013, 07:07 AM

Yes, he can file for child support. The only thing that is as of now is the current order. Its not written to last a lifetime only for the period it is in force until it is changed. If she hasn't contributed voluntarily then the courts can force the issue.

Fr_Chuck · Sep 14, 2013, 07:31 AM

It is very unusual that the court will allow there to be no court order for support, when you get a court order for custody. But I agree, the father has custody, you have no legal rights in this at all. He needs to file a motion for support, it will be up to his attorney to prove it meets the requirements. Always get it in a court order, if the mother has intended to pay support, she would have had it in court order

talaniman · Sep 14, 2013, 07:37 AM

I have to ask, is this an issue with your husband, or is this your own reaction to the exes shortcomings?