Declined child support in Divorce Decree

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Latest post 05-15-2010 9:04 AM by SPlum. 3 replies.
  • 05-15-2010 4:56 AM

    • Christ28
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    Declined child support in Divorce Decree

    During my divorce 5 years ago I declined child support due to the threats that my ex-spouse stating to me that if I asked for support, he would just pay his support payments and do no more. At the time I was working three jobs and attending school so not having a babysitter was not an option, plus I didn't live close to any of my relatives. So in the divorce decree it states that my ex-spouse and i would have shared parenting on an equal basis and child support would not be enforced at this time. My ex-spouse during this time only kept our son when i worked and rarely assisted finanically with taking care of him. At the beginning of this year my ex-spouse now has refused to pick up our son on the days that I work for at least 5 months now. My question would be is it possible to amend the divorce decree to request child support and file contempt charges against him for the shared parenting agreement. Also can the court enforce visitation because it's causing a financial strain on me to be in care of our son all the time and it jeopardizes my job because I work the night shift.

  • 05-15-2010 5:54 AM In reply to

    Re: Declined child support in Divorce Decree

    Child support is always subject to modification; as is custody.  You would need to file to establish child support.  The court cannot force a parent to to take custody of a child.  What you can do is obtain child care for the child and request contribution for the child care in addition to the base child support amount.

  • 05-15-2010 6:55 AM In reply to

    • Christ28
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    • Joined on 05-15-2010
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    Re: Declined child support in Divorce Decree

    It is difficult to obtain child care at night and it would be catastrophe for me financially to pay for child care at this moment. Would I need a lawyer for all this process or would I be able to proceed with filing and presenting the case on my own?

  • 05-15-2010 9:04 AM In reply to

    • SPlum
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    Re: Declined child support in Divorce Decree

    Then you will have to work something out with a family member if you cannot afford to pay for night child care.

    The courts cannot and will not force him to take the child. 

    You can file yourself if you know how to proceed.  Go to your local court house and they ususally have foms there OR find out where your local child support office is and have them do it.  In order for him to have to reimburse for the child care, the child has to actually be in it.  If you do not have that expense, the court will not order him to pay any part of it. 

     

     

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