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Dad decides to reduce support on his own

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lisars

Member
What is the name of your state? Pa

In my previous post back in September, I was about to go and file for court ordered custody and support. Shortly after, I filed for support and my ex reacted just as expected, showing up here waving papers in my face and yelling. Long story short, the oldest of our two daughters went to live with him Sept. 17. Three days later, he called "This was a mistake, I can't afford her, etc... She needs to come home." Then, he told her she was coming back home, she guilted him into letting her stay another week. Due to her lying, manipulating, and furthering of a lousy attitude, I gave in and let her stay with him. Six months have now gone by, she is still there. I have maintained all along that it is in her best interest to come back here. But figured some time with him away from here may help her see that.(Stupid, yes I know.) He agrees with me, yet caves in to her. She brags that she gives him the silent treatment for a few days then he does whatever she wants.

We have been working together to come up with an acceptable custody agreement in the meantime. He told me that with her staying with him, he should only have to pay X amount in support now, that's what his attorney told him. I said we'll let Domestic Relations figure all of that out when we get a custody agreement worked out to see if she stays with him or comes home. My intention all along was to get my daughter back here. He knows this, I have told him in nearly every email between the two of us. I wanted both issues addressed at the same time. He agreed. In the past six months, while she has lived with him, he has been paying what we had agreed on for the two kids. Today, I recieved a check in this new amount that his attorney came up with. I understand he has her now, so his support may go down ( he's always paid less than all support calculators say he should) with an official order for support. But for him to all of a sudden change the amount, without my agreeing to it seems wrong. I know he doesn't have to pay a dime without an order, but isn't it showing a pattern when he's paid this non court ordered amount for over three years? Will this be of any use when we go in to get everything official? And not that is will be useful, but my younger daughter has said that dad has started referring to her sister as a dollar amount, coincidentally very close to the difference in what he was paying and the amount of the check I received today.

Is it best to not cash the check and notify him that I'd never agreed to this change? Especially since it's not yet been determined where my daughter will end up. Domestic Relations has told me not to bother filing for support if there's any uncertainty in what's going on as they would probably throw the case out until custody has been decided. Any advice? Thanks.What is the name of your state?
 


fairisfair

Senior Member
there is no court order, he is not required to pay you anything.

Just because he did pay you, does not mean that he must pay you.
 

MrsK

Senior Member
there is no court order, he is not required to pay you anything.

Just because he did pay you, does not mean that he must pay you.

Agreed.

And how greedy do you sound? "I know he is raising her, but I still expect him to pay the amt of support I would get for two kids. I mean never mind that he is paying to raise her, he still needs to pay ME." :rolleyes:
 

lisars

Member
Not that I'd do it, but what from you're all telling me is that it also would be perfectly okay if I stopped allowing the ten year old to go to his house every other weekend, even though this has been the practice for eight years? Nothing he can do? Doesn't seem right somehow.

And how greedy do I sound? So greedy that when we first divorced I agreed to let him pay roughly 1/4 of what the state would have made him pay. Only to have agreed to increase it to 1/2 three years ago. What he pays (paid) for the two of them is still what has been calculated for one. My decision to keep it out of official channels. An attorney advised me years ago to go after "all you could get", I chose to take the higher road. Maybe I need to stop being nice.

How awful would I be if I suddenly decided that he could no longer see the daughter still living here, just because there's no order? Within my rights or not?
 

LdiJ

Senior Member
Not that I'd do it, but what from you're all telling me is that it also would be perfectly okay if I stopped allowing the ten year old to go to his house every other weekend, even though this has been the practice for eight years? Nothing he can do? Doesn't seem right somehow.

And how greedy do I sound? So greedy that when we first divorced I agreed to let him pay roughly 1/4 of what the state would have made him pay. Only to have agreed to increase it to 1/2 three years ago. What he pays (paid) for the two of them is still what has been calculated for one. My decision to keep it out of official channels. An attorney advised me years ago to go after "all you could get", I chose to take the higher road. Maybe I need to stop being nice.

How awful would I be if I suddenly decided that he could no longer see the daughter still living here, just because there's no order? Within my rights or not?

Within your rights legally?...probably. Within your rights morally?, nope.

You simply need to file official for custody and child support (which it appears you may have already started)
 

BL

Senior Member
Not that I'd do it, but what from you're all telling me is that it also would be perfectly okay if I stopped allowing the ten year old to go to his house every other weekend, even though this has been the practice for eight years? Nothing he can do? Doesn't seem right somehow.

And how greedy do I sound? So greedy that when we first divorced I agreed to let him pay roughly 1/4 of what the state would have made him pay. Only to have agreed to increase it to 1/2 three years ago. What he pays (paid) for the two of them is still what has been calculated for one. My decision to keep it out of official channels. An attorney advised me years ago to go after "all you could get", I chose to take the higher road. Maybe I need to stop being nice.

How awful would I be if I suddenly decided that he could no longer see the daughter still living here, just because there's no order? Within my rights or not?

This is a LAW forum , not an Emotional- support group .

Legally , you have your answers .
 

lisars

Member
Really? You mean this isn't emotional support group.com? Guess I missed that. Thanks. Won't make the same mistake again, I assure you. I was given my answers, yes. And thank you also for taking time out of your day to add nothing but a little useless sarcasm. People like me come here for a little unbiased advice with their issues. People like you make me wish I'd not bothered. A simple "yep, they're right" would have sufficed. As you've said I have my answer, I'll not need to come back.
 

BL

Senior Member
Really? You mean this isn't emotional support group.com? Guess I missed that. Thanks. Won't make the same mistake again, I assure you. I was given my answers, yes. And thank you also for taking time out of your day to add nothing but a little useless sarcasm. People like me come here for a little unbiased advice with their issues. People like you make me wish I'd not bothered. A simple "yep, they're right" would have sufficed. As you've said I have my answer, I'll not need to come back.

Wow , your really in control , I doubt . Just a clue . " The best interest of the Child(ren ) .

Of course we all know that most don't look beyond their own goals .
 

MrsK

Senior Member
Not that I'd do it, but what from you're all telling me is that it also would be perfectly okay if I stopped allowing the ten year old to go to his house every other weekend, even though this has been the practice for eight years? Nothing he can do? Doesn't seem right somehow.

And how greedy do I sound? So greedy that when we first divorced I agreed to let him pay roughly 1/4 of what the state would have made him pay. Only to have agreed to increase it to 1/2 three years ago. What he pays (paid) for the two of them is still what has been calculated for one. My decision to keep it out of official channels. An attorney advised me years ago to go after "all you could get", I chose to take the higher road. Maybe I need to stop being nice.

How awful would I be if I suddenly decided that he could no longer see the daughter still living here, just because there's no order? Within my rights or not?


Sure its within your rights. So is his right to stop paying support. If you dont have her go see him, honestly, I hope he does stop paying you support, and then this can go to court & it can all be legal. Then he has to pay his support, and you must send the child to him.
 

wondreing

Member
I'm guessing too that your ex wouldn't be so willing to let you see your older daughter either if you attempted to keep the younger one from him. If he gets custody of the older daughter and you get custody of the younger daughter, then he more than likely would only have to pay you for one and your portion of child support payable to him for the other one would be deducted from that amount. So he shouldn't be obligated to pay you the full amount for one child based on custody as it stands now.
 

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