Child Support

[mpfups]

What is the name of your state? MD

I have a question....My ex & i have been seperated since Aug of 2002...I had the kids from the day we seperated until the first week of January this year on average 5 nights a week....My ex was denied CS by CSE in November of 2002.....Since January though my ex has refused to let me see my 2 daugters on the weeknights in order to show the court that she has the kids more often to get child support....We have mediation coming up & a trial is set to begin in July..The courts are so far behind here...

My question is...If there is joint custody awarded to us will i have to pay child support from the date of seperation cuz i make the lions share of the money or will i not owe anything because she was denied by CSE?

 

[VeronicaGia]

Is there some type of visitation or custody order right now? If so, file contempt charges against her for violating the order. If not, neither of you has custody and you can go pick up your kids.

 

[mpfups]

NOPE

Nothing is set by the courts yet so as of now we both have custody of the children....I can't go into the place shes staying or working to get my kids...She will call the cops on me....

 

[VeronicaGia]

If she gets custody, usually you will have to pay support to the date the order was filed. However, sometimes in a divorce situation, they do go back to the date of separation. I believe that's only when one person filed for custody at that time too, but I could be wrong.

Start setting some money aside just in case. Get an idea of what support will be at www.supportguidelines.com

And make sure your lawyer is ready to fight for you. If he/she tells you to roll over, that you don't have a chance in hell to get your kids, get a new lawyer who will at least try to fight for you.

 

[mpfups]

Support

Thanks for replying Veronica....Well when they denied her the first time in November I had the kids 5 nights a week & even the CSE person said she should owe me money....So since i had the kids 5 nights a week up til January wouldnt she owe me something?!?

 

[VeronicaGia]

Did you have a temporary custody/visitation/support order in force? Is there anything in court documentation that you had the child most of the time? If not, there's not much you can do.

Do you ever see the kids? If so, and there is no order, why do you keep giving the kids back? Also, you're waiting until July for any type of court date? Is there any temporary order in force right now? If not, no one has custody, she can deny you, you can deny her, and it turns into a huge battle until the court date.

Do you have an attorney or not? You need one, if not, and if you have one who is not fighting for you, you need to get one. I don't understand why there is not even a temporary order in place. An attorney can help you with filing a temporary custody and support order until the July court date. These kids cannot be in limbo until then.

 

[mpfups]

Mediation

Well, yes i have a lawyer & we had mediation today..Things went better than expected...Will keep you informed...