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    teabone's Avatar
    teabone Posts: 4, Reputation: 1
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    #1

    Sep 27, 2010, 11:59 AM
    Starting Child Support When Child is 17?
    I've had joint legal and physical custody of my son for 17 years now. I've just been remarried and now ex-wife is trying to take me to court for child support, which neither of us has ever paid each other, AND is trying to have me pay 1/2 of the Private School that SHE enrolled him in without ANY inclusion of me as a custodial parent. How likely is all of this to go through?
    martinizing2's Avatar
    martinizing2 Posts: 1,868, Reputation: 819
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    #2

    Sep 27, 2010, 12:07 PM
    If he is living with her more than 50% of the time you may have to pay support.

    Is it that much of an issue about the school?
    My grandchildren attended private schools and I am more than impressed with results.
    Worth every penny.

    I am not an attorney . I wanted to put in my 2 cents worth on the school.
    teabone's Avatar
    teabone Posts: 4, Reputation: 1
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    #3

    Sep 27, 2010, 01:01 PM
    Comment on martinizing2's post
    Since I have joint Physical AND Legal custody, I believe that that entitles me to be a part of the School choosing issue, especially since it involves me contributing $$$ towards it. She and her husband signed the contract to enroll him.
    teabone's Avatar
    teabone Posts: 4, Reputation: 1
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    #4

    Sep 27, 2010, 01:03 PM
    Since I have joint Physical AND Legal custody, I believe that that entitles me to be a part of the School choosing issue, especially since it involves me contributing $$$ towards it. She and her husband signed the contract to enroll him. I was never told of this decision nor asked to be a part of it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Sep 27, 2010, 01:07 PM

    No, only what the court says who has child care or school choice matters.

    In the end, even with "joint" one parent will have the final say in the court order if the two of you don't or can't agree.
    So you will find that "joint" is often not worth the paper it is written on, if the other parent has the final say if there is not a mutual choice.

    As for as child support why have you not been paying so far ? Was there not an order of support or an order saying no support was due because of some reason.

    Also with joint custody physcial, how much time does the child stay at your home compared to the other parent is it 50/50 like every other week ? Or what is that arrangement
    teabone's Avatar
    teabone Posts: 4, Reputation: 1
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    #6

    Sep 27, 2010, 01:15 PM
    Original Court Papers state that neither one of us pays child support to the other. We have been sharing 50/50 time with him until 6 months ago when I moved 70 miles away. When that happened, I tried to modify the visitation with her to include him being with me on weekends and to have him all summer to continue that 50/50 time with him. She refused and I have now only been seeing him 1 weekend per month.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Sep 27, 2010, 02:05 PM
    Quote Originally Posted by teabone View Post
    Original Court Papers state that neither one of us pays child support to the other. We have been sharing 50/50 time with him until 6 months ago when I moved 70 miles away. When that happened, I tried to modify the visitation with her to include him being with me on weekends and to have him all summer to continue that 50/50 time with him. She refused and I have now only been seeing him 1 weekend per month.
    Did you file this modification plan with the courts? That is what will be needed to get this done and over with.
    martinizing2's Avatar
    martinizing2 Posts: 1,868, Reputation: 819
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    #8

    Sep 27, 2010, 02:30 PM
    Quote Originally Posted by teabone View Post
    Since I have joint Physical AND Legal custody, I believe that that entitles me to be a part of the School choosing issue, especially since it involves me contributing $$$ towards it. She and her husband signed the contract to enroll him. I was never told of this decision nor asked to be a part of it.
    It helps when I know the entire story.

    You answered my question.
    It is that much of an issue about the school as you see it.

    I understand the frustration that being put in a situation like yours causes ,I been there.

    And the absolute best thing you can do is get an attorney now.
    Before the sun sets.

    It may be expensive now,. but without a good lawyer it can be expensive now and years from now.

    I did 2 years fighting in court over custody. But I won.
    I believe that if I had not had the attorney I did, I would have gone into total ruin.

    My advice is get a good attorney.

    I wish you well.

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