Child Support Issues

[dladale]

What is the name of your state?What is the name of your state? Virginia

My ex-wife and I separated over two years ago, and divorced 1 year ago. Within the divorce decree it states that both parties shall have joint custody of the children(3) with the defendant (father) having the children the first 24 months and each party shall alternate custody of the children every 24 months. The order also stated that both parties agree that the non-custodial parent will not be obligated to pay child support to the custodial parent. I had the kids as stated in the order the first 24 months and the children went to live w/their mother on 7/2/04, to begin her 24 month period. During the 24 months that I had the children, as stated in the order, I did not request child support. Unfortunately, on 7/24/04, I received a summons from the the child support division in her jurisdiction requesting I appear regarding child support. Can she do this? Our order specifically says that each party shall have the children for 24 months and not request child support of the non-custodial parent. I did my 24 months, but as soon as she got the children she is now requesting child support. What can I do? What are my rights since I supported the children on my own for 24 months without her assistance? Please advise.

 

[I AM ALWAYS LIABLE]

What is the name of your state?What is the name of your state? Virginia

My ex-wife and I separated over two years ago, and divorced 1 year ago. Within the divorce decree it states that both parties shall have joint custody of the children(3) with the defendant (father) having the children the first 24 months and each party shall alternate custody of the children every 24 months. The order also stated that both parties agree that the non-custodial parent will not be obligated to pay child support to the custodial parent. I had the kids as stated in the order the first 24 months and the children went to live w/their mother on 7/2/04, to begin her 24 month period. During the 24 months that I had the children, as stated in the order, I did not request child support. Unfortunately, on 7/24/04, I received a summons from the the child support division in her jurisdiction requesting I appear regarding child support. Can she do this? Our order specifically says that each party shall have the children for 24 months and not request child support of the non-custodial parent. I did my 24 months, but as soon as she got the children she is now requesting child support. What can I do? What are my rights since I supported the children on my own for 24 months without her assistance? Please advise.

My response:

Hey, you're living in Virginia - - the "Land of the Dufuses and Trailer People". What did you expect?

Send the Child Support Division a CERTIFIED copy of your court orders, asking for an explanation from them as to why they are pursuing this matter in derogation of the court orders.

IAAL

 

[tigger22472]

You say you separated over 2 years ago, is that when the issues of custody and CS were address, meaning is that when your 2 years started? Regardless of what your decree says she has the right to file for support (with or without a change of circumstances), wether she gets it will be up to the judge. Now, the question is wether she had the right to file in her jurisdiction as by the way you stated it I'm going to assume it's different then where the original order was issued. When is the court date? You're best bet is going to be to get a free consultation with a local attorney to address the issues and see what they tell you then you may or may not need to retain an attorney to make sure everything is done right because more then likely you're going to have to show up to that court date if it's soon.