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Author Topic: SHARE JOINT LEGAL & PHYSICAL, ASKING FOR SUPPORT  (Read 1925 times)
ADR
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Posts: 1


« on: April 14, 2007, 11:06:54 PM »

MY HUSBAND SHARES JOINT LEGAL & PHYSICAL CUSTODY OF HIS SON WHOM LIVES WITH US. HIS MOM LEFT THEM WHEN HE WAS ONLY 3 MONTHS OLD. HE IS NOW 6. DAD HAS HAD HIM THE ENTIRE TIME. IN THEIR ORIGINAL DECREE IN MORGAN COUNTY IT STATES SINCE THEY SHARE JOINT LEGAL & PHYSICAL CUSTODY NO CHILD SUPPORT WILL BE PAID BECAUSE OF SHARING EQUAL TIMES OF CUSTODY. HOWEVER, IT HAS NEVER BEEN EQUAL. EVEN THOUGH IT STATES THAT, ALL SHE GOT WAS STANDARD VISITATION. SHE IS 28 YRS OF AGE , LIVES WITH HER FATHER WHOM SUPPORTS HER AND THE CHILD WHEN IN HER CUSTODY, & HAS NEVER HAD A JOB! SHE IS AN ABLE BODIED WOMAN TO WORK. MY HUSBAND IS ASKING FOR SUPPORT. HOW LIKELY WILL HE GET IT?
ALSO FOUND OUT SHE IS ASKING FOR A CHANGE OF VENUE SINCE HE FILED FOR SUPPORT IN MARSHALL COUNTY WHERE HE & SON HAS LIVED SINCE HE WAS 5 MONTHS OLD.
ANY ADVICE WOULD BE GREATLY APPRECIATED!
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~aquafina~
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« Reply #1 on: April 14, 2007, 11:28:24 PM »

Don't know much about the laws where you live where CS is concerned.  But I might suggest that your husband first obtain a decree of Primary custody for his son, as youhave stated that the physical custody is definitely NOT equal.  After straightening that out, your husband may have a better time obtaining child support.

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Tinkerbell
Hero Member
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Posts: 3086


« Reply #2 on: April 15, 2007, 02:07:08 AM »

not sure about the laws  but here in Canada the one who has the custody  gets the child surport... and it vaires   as too what type of custody it is.
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Jade
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« Reply #3 on: April 15, 2007, 06:33:59 AM »

MY HUSBAND SHARES JOINT LEGAL & PHYSICAL CUSTODY OF HIS SON WHOM LIVES WITH US. HIS MOM LEFT THEM WHEN HE WAS ONLY 3 MONTHS OLD. HE IS NOW 6. DAD HAS HAD HIM THE ENTIRE TIME. IN THEIR ORIGINAL DECREE IN MORGAN COUNTY IT STATES SINCE THEY SHARE JOINT LEGAL & PHYSICAL CUSTODY NO CHILD SUPPORT WILL BE PAID BECAUSE OF SHARING EQUAL TIMES OF CUSTODY. HOWEVER, IT HAS NEVER BEEN EQUAL. EVEN THOUGH IT STATES THAT, ALL SHE GOT WAS STANDARD VISITATION. SHE IS 28 YRS OF AGE , LIVES WITH HER FATHER WHOM SUPPORTS HER AND THE CHILD WHEN IN HER CUSTODY, & HAS NEVER HAD A JOB! SHE IS AN ABLE BODIED WOMAN TO WORK. MY HUSBAND IS ASKING FOR SUPPORT. HOW LIKELY WILL HE GET IT?
ALSO FOUND OUT SHE IS ASKING FOR A CHANGE OF VENUE SINCE HE FILED FOR SUPPORT IN MARSHALL COUNTY WHERE HE & SON HAS LIVED SINCE HE WAS 5 MONTHS OLD.
ANY ADVICE WOULD BE GREATLY APPRECIATED!


First, could you please turn off the all caps?  All caps is considered yelling on the internet.  Thank you.

Second, he needs to keep track of how much time his child is spending with his mother.  And then go for a custody and child support modification.

He will probably be awarded child support.  And it will accrue each month as arrears when the mother doesn't pay it. 
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