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    ESRO2's Avatar
    ESRO2 Posts: 2, Reputation: 1
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    #1

    Feb 18, 2006, 04:55 PM
    Sued for child support after 15 years...
    I got divorced 13 years ago when my son was 2yrs old. We agreed on no child support/alimony (married for less than 2 yrs). She is legally the custodial parent even though we have 50/50 custody (offsetting weeks). I actually have him more than 50% of the time as she often asks me to have him here while she goes on camping trips, vacations back east etc... She is suing me now because her live-in boyfriend, who she has 2 young daughters with, has left her and now she must apply for welfare as she does not/will not work. My question is, do I have to pay even though I have him (at least) 50% of the time? If so, how much will I have to pay? Any help you could give me would be greatly appreciated.
    p.s. We both live in the same cmall city in California.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 18, 2006, 05:48 PM
    It will be up to the judge, it is very possible that they will award it.
    Was your original agreement though the court? Even if it is, the other party can go back all the time to get the terms changed.

    So you need to get an attorney to represent you at the hearing. If you don't have an attorney you have a much better chance of losing
    ESRO2's Avatar
    ESRO2 Posts: 2, Reputation: 1
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    #3

    Feb 18, 2006, 06:05 PM
    First off, thank you for your reply. It's pretty much the way I thought it would go.
    My son and I were wondering about the possibility of having the court order changed so I would become the custodial parent, with us still both having 50/50 custody. This would also help my case, correct?
    CaptainForest's Avatar
    CaptainForest Posts: 3,645, Reputation: 393
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    #4

    Feb 18, 2006, 07:23 PM
    Yes it would.

    Then the odds she would be able to get child support from you will be much closer to 0.
    fredg's Avatar
    fredg Posts: 4,926, Reputation: 674
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    #5

    Feb 19, 2006, 08:16 AM
    HI,
    I would just like to re-emphasize the parts of your answers about getting a lawyer; one who is experienced in child custody and child support payments.
    If you didn't have a signed Separation Agreement and/or a signed Divorce Agreement, stating she will never ask for child support, then your wife can ask anything she wants. She can still ask for it, even if it is written out.
    You really need a lawyer. The chances of getting full custody without one are slim and none. I do wish you the best of luck.

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