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Child Support question only answer if you know what you are talking about please?

  • My question is if there is no custody agreement can one parent request child support from the other parent even though the child is currently living with the parent that is being asked to pay child support? My boyfriend's ex left her son with my boyfriend and took off with her new boyfriend. Since she is underage she got reported as a runaway and put into a foster home. When she tried to come get her son a few weeks later my boyfriend told her no and kept his son. Now we got a letter in the mail saying she is requesting child support now. (Before now she had requested no support so he owes nothing in back child support) Since we have had his son in our care for the past month and she knows we have no intention of returning him to her care (we currently have an attorney working on getting us full custody) can we deny her request for child support and say we are his primary care givers or will my boyfriend still be required to pay until a custody agreement is actually set? She doesn't and wont have the baby in her care for awhile if ever again so the money clearly isn't going to support him, she is just doing it to piss us off.

  • Answer:

    No she cannot recieve child support even without a custody agreement. Whichever parent has the.child and is providing.more will not have to pay. She will be the one paying.

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No she can not get you to pay child support if the child is not living with her at least not in the state of california I have heard some weird things happen in other states tho.

of course -sit down for a family meeting & discuss this with the other parent. create a financial plan that will assist the child with all expenses & is fair to both parents as their income levels may differ. you both want is best for the child, so avoid negative emotions & create a strong co parenting bond. the child will thrive with your positive choice to resolve conflict.

With no custody agreement in place, my ex and I were asked how many nights a week each of us have the child. Since we agreed on what that number is (0 for him, 7 for me), there was no problem. Otherwise we would have seen a judge. Not sure what would have happened then. There is a myth that arrears can no be collected prior to the time of filing. I filed when she was 6 months old, it took 7 months to get through the courts, and I ended up with 14 months in arrears. If you do the math, you can see that this is almost from the time of her birth. The month of birth doesn't count as support is not prorated. Sucks since she was born on the 2nd of 31 day month, that's 29 days of her life that he wasn't responsible for. If you are assigned arrears, it may be suspended until the custody hearing, at which point, it may be used to offset her child support payments to you.

If there is no court ordered custody and support agreement, then none can be collected. Simple as that. And, since the child is now with YOU, she should be paying YOU support.

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