support plus provide needs

[SandieTN]

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

H is NCP of 6yo daughter; we are in the midst of a custody battle where H has had temporary custody of SD in March and April, and the court order stated no support paid by either parent to the other party. BM regained custody last Monday, now is demanding her support money for the last two months, plus told H to send the child's clothes (that we have provided) to BM's house, so the child will have clothes to wear to school. H sent her a support check yesterday (although that was not addressed in the order from last week), and told her to go buy some clothes. Now, today, she had called her attorney, who called our attorney, to say Father is refusing to provide for the child.

Question, should NCP pay child support, and also provide for the needs of the child. If so, what is the child support supposed to pay?

 

[kidoday]

This change of custody didn't address cs? Did it say anything about going back to the previous order anywhere? If it didn't then cs hasn't been addressed and the ncp is ordered to pay anything at this point.

Most children don't grow drastically in two months and I would tell bm to just have dd wear the clothes that she kept before the temporary order. Nothing states the bm should have all the clothes that you bought while she was in your house, or vice versa. However, I guess it would also depend on how you want dd to be dressed at moms.

 

[SandieTN]

Order from March says no support paid, either way. Order from last Monday (which her attorney filed!) did not address cs at all. H said Judge did not rule on it either way in court. But H mailed her a check for May anyway, just to shut her up.

She already has two complete outfits from our house at her house, and H agreed to tell her attorney we will send two more; as we have her Wednesday overnights, she only sends her to school 4 days. What else can we do?

 

[VeronicaGia]

Tell her to send you the court order from Monday 5/10/04 that states that he has to pay support and give her the clothes he bought.

He never should have sent that check. He may want to put money aside in case support is ordered, but until it is ordered, the previous order stands. He is under no obligation to send the clothes he bought for the child to her house.

In other words, tell her to pound sand until a judge orders otherwise.

 

[SandieTN]

I went to Wal-Mart of bought two new outfits to go to BM's house, and H took them to school for daughter. SD had a note sent home from school yesterday for her shorts being too short, and not having on sandals with no backs. That is school policy. SD was well aware of it, and BM should have been. But BM knows it looks bad on her to have that note sent home. H checked with the school, and they have it documented for us.

H is too good for his own good.

Thanks for your input! At the very least, it makes me feel better about it all.

 

[SandieTN]

Well, we tried, but this one blew up in our face. H took the clothes to school, and dropped them off. When BM picked up daughter, BM threw a fit; and brought the clothes back to our workplace, and dropped them off. Then, when she got home, she called H back and reamed him out for doing that. She said you're just gonna' use it against me in court. He replied, and you're not trying to use it against me, when you called your attorney this morning? Now, daughter is all upset, because she thought she had new clothes, but Mom wouldn't let her have them. So, Mom wouldn't let her talk to Dad on the phone, because she was so upset.

This is a nightmare! And dang right we're gonna' use it against her; she can't provide for the child, and we can, and will!

 

[SandieTN]

I apologize

Sorry for all the ranting yesterday; I know it has no place on a "legal advice" forum. I was just so mad, it all just sort of poured out!

The original question has been solved; according to our attorney's office he DID NOT have to pay child support for May, but might have had to paid it after we go back to court in June. So, the fact that he sent her the check already should look good in his behalf (I hope). And when our attorney's office called her attorney back and told him she already had two outfits of clothes from our house at BM's house, along with two pair of shoes, we are pretty sure her attorney called her back. Because, then BM called H and said "I'm sorry", you're not going to use it against me, are you?

And H did get a call back from his daughter, but he said she seemed very distant. I'm sure everything she witnessed yesterday had an effect on her, and probably a very BAD one. She's the one I truly feel sorry for; I hope Mom apologized to her also.