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Mother took child away and wants child support?
My boyfriend's ex took his son to live 3 hours away when they broke up, knowing he did not have a car/a way to see him. However, when he tried to attempt to see him she would not let him or make excuses. She is now filing for child support and wants to backdate it to when she moved. How is this fair that he should have to pay when he was not allowed to see him? Is there anything he can do?
He does not mind paying, and she said she will set up visitation when they settle child support, but why should he be forced to pay for the 6 months she kept his son from him? |
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If only gets backdated to when its filed... assuming she actually gets legal custody... if she was the chief breadwinner she might have to pay and he might even still get custody.
And the court will set up the visitation schedule. If I was him I'd try to get custody and in any case have the court establish visitation... not leave it to her. |
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Its going to depend on the court system. But in most cases it only goes back to the date that it was filed. He should fight for custody before support. In some states the custody will determine how much he pays. Also custody is not up to her but the judge.
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In most areas (any question on law needs to include your general locale as laws vary by area) support and visitation are separate issues and not dependent on each other.
Why do you think she wants to backdate? Is that in the court papers? When they broke up was there anything done in court about custody? Did he make any attempt to go to court for visitation? Does she have an attorney? Does he? |
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She may in some areas ask for back payment from time of separation, in other areas only to time of filing. So what she gets to do, will depend on where you live.
And sorry, support and visit are two different things, he needs to file in court for visitation, and yes even if she does not let him see child, he owes support. Why would it be fair to not pay for his child's expense ? One wrong does not make it correct to do a 2nd wrong. |
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