Shouldn't Mom pay custody?

[Avoavo]

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

MD. My husbands children have been living in Md for 10 months. Their mother lives in CA and has physical custody. She refuses to pay child support. She said that if he asks she will take the kids back. There is no open child support case. She said she cannot care for the children right now and asked for one year free of responsability and collected child support for three months from my husband in the beginning before closing the case. She recently informed the children that they would stay here for another year. This is certainly the better place for them but shouln't she have to pay support sometime? Can the custody be transfered to MD since the kids live here with Dad now? By seventh grade the oldest has already been in 12 schools and the youngest in 8 by 4th grade. Countless homes , one garage, a hotel and staying with Mom's many different friends. We don't want to risk them having to go through that again. They are supposed to visit with Mom for the summer. We thought it would be best to try for custody then.

 

[Ohiogal]

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

MD. My husbands children have been living in Md for 10 months. Their mother lives in CA and has physical custody. She refuses to pay child support. She said that if he asks she will take the kids back. There is no open child support case. She said she cannot care for the children right now and asked for one year free of responsability and collected child support for three months from my husband in the beginning before closing the case. She recently informed the children that they would stay here for another year. This is certainly the better place for them but shouln't she have to pay support sometime? Can the custody be transfered to MD since the kids live here with Dad now? By seventh grade the oldest has already been in 12 schools and the youngest in 8 by 4th grade. Countless homes , one garage, a hotel and staying with Mom's many different friends. We don't want to risk them having to go through that again. They are supposed to visit with Mom for the summer. We thought it would be best to try for custody then.

If the original jurisdiction of the case was California then no the case will not be transferred. If dad wants child support, he has to file based on change in circumstance and status quo. He also has to outline in his petition that the children have been with him in MD for the last ten months. What do the current papers say about visitation in the summer -- who gets it?

 

[Avoavo]

Papers say Dad has summer but they need to be with Grandma and Mom too. We are trying to be fair and since Dad had summer when they lived there Mom should have summer now that they are here. She may not take it. We'll see. She was offered Christmas but refused. Grandma flew them out for spring break. Mom visited while they where there. Her mom has been very supportive with our situation. We are grateful for that and she is grateful that the girls are happy and well cared for. We don't want to make waves but at the same time don't the girls have the right to financial support and stability? How difficult do you think it will be to obtain legal custody?

 

[Avoavo]

There is no open child support case in CA. Mom closed it 7 months ago. Can Dad file in MD? I always understood that support and custody where seperate issues.

 

[CourtClerk]

There is no open child support case in CA. Mom closed it 7 months ago. Can Dad file in MD? I always understood that support and custody where seperate issues.

What do you mean there is no open child support case in CA? Just because mom asked CSSD not to enforce the order anymore doesn't mean there is no open case. The order remains, she just is not having CSSD enforce it anymore. Those 2 are entirely different beasts.

Where was the order for physical custody? In CA? Where were they divorced? *sigh* please put dad on the line...

 

[Avoavo]

The case for support was closed by Mom. Dad has the paperwork from El Dorado county stating just that. She was supposed to suspend under the stipulation that the girls would return in one year but instead decided on her own to close the case. My husband didn't even know until he called for the paperwork stating that the case was suspended. The court clerk informed him that there was no pending case Mom had personally came in and closed and sent him the paper work stating just that. Dad's at work. Yes I was there and speaker phone was on. Yes I have seen the paperwork. I didn't believe it until I saw for myself. I don't think Mom has any true intention of taking the girls back. Her own mother has said the same. Mom has a decent job. She said she wants to catch up on some bills.

 

[Avoavo]

Divorced in CA. Order in CA. Closed child support case in CA. El Dorado County to be exact.

 

[Ohiogal]

Divorced in CA. Order in CA. Closed child support case in CA. El Dorado County to be exact.

The case stays in CA. Custody and support are connected. He will not get childsupport for a child for which he does not have custody. He does not have custody. Custody has to be changed in California and then support can be established.