HELP!!!! When it rain it pours!!!!!!!!!!!!!!
I need your assistance. In 2004, my husband received full custody of his daughter, who at the time was 13 because his daughter's mother's boyfriend had tried to molest her, and DCFS was involved. He also has a son with the same women, and he is now 15 1/2, he'll be 16 in July. The terms of the custody order was as follows: He had full custody of his daughter and she received full custody of their son, meaning he was responsible financially for his daughter and she was financially responsible for their son. Child support was abated and they both, including their attorney's and the Judge signed off on the agreement. My step-daughter is 22, will be 23 in July and has a 2 1/2 year old daughter who lives with my husband and I, along with my two children that I have with my husband, and my step-son lives with his mother. Today my husband received a text message from the mother, and she stated "I'm giving you a heads up that I'm taking you to Child Support Court." So my question, how can she take him to court for something that they agreed upon and his 22 yr old daughter and his granddaughter is living with us for free. I'm just trying to see what our options are in this situation. Should we contact our attorney who represented him in 2004, or wait for the papers in the mail? BTW, we live in Illinois.
- Wilson98's blog
- Log in or register to post comments
Comments
You don't get it! Thanks
You don't get it! Thanks
And we can file for back pay
And we can file for back pay including the money she still owes for our attorney fees that the judge ordered her to pay! She was found in contempt! Let the games begin....Thanks for your comments, but none of you seem to get it!
I understand were you are
I understand were you are coming from. This is what BM is think...daughter to old to be an issure for child support. When SS and SD are under age. BM supported SS and you & DH supported SD. One balanced out the other.Now that SD is no longer a minor for CS...balance of CS is off. You understand where I am coming from. I am sure BM can get CS. However, you grandchild is a minor...I need to know more about SD's income or lack of income. This could be fact that I believe could reduce what CS BM can get. I would talk to your Attorney ASAP. Once SD was pass the age of CS...the balance was off. BM could not only be going for CS but back CS.
Good luck...keep us posted.
I think the preyed upon
I think the preyed upon apples is referring to is the attempted molestation at 13 by the BM's bf, not the pregnancy.
First of all, people on this
First of all, people on this site has responded without being open-minded! My step-daughter who is 22 lives with us and her 2 year old, and my step-son who is 15 1/2 lives with his mother. My step-daughter has been with us since the age of 13 and during this time, he/we never asked her mother for a dime! When it was time for her to go to college, my husband is the one who had to take out a $5,000 loan for room and board! Her mother didn't offer a dime and didn't care to ask. My step-daughter goes to school full time and works part time. In addition, our two children, our son is in his 2nd year of college and our daughter will be a freshmen in the fall. Whenever my step-son calls and ask if we can pay his phone bill and/or buy him shoes or give him some money because he's going out of town or hair-cuts we always provide. She's never helped us with my step-daughter! The men always pays the cost, when they are doing all the right things! SMH
Who wasn't open minded? Do
Who wasn't open minded? Do you really think you are the only one in the entire universe with these problems? You're not. It's understandable you're upset, but don't take it out on people who tried to answer your questions. Dayum.
SD works part-time and goes
SD works part-time and goes to school full-time. We pay all the bills in the house, including food!
This is going to be a long
This is going to be a long court battle!
HRNYC, what does imho mean?
HRNYC, what does imho mean?
in my humble opinion
in my humble opinion
Got It
Got It
Understood! We are prepared
Understood! We are prepared for this court battle. Hope she can afford an attorney, because we are standing our ground!! Yes, she can afford an attorney, she just purchased a condo and a new car!
IdentityCrisis is not just
IdentityCrisis is not just right in this situation, she's just giving you a friendly dose of reality. I have been in court 9 times this past year for all sorts including CS. We won the battle but we had to choose which battle was worth fighting. Ours is a bit complicated but we let her have one arrangement, so we can get the outcome that we wanted.
Unless there is abuse, harassment or Tax fraud, the law does not take a moral view. It goes on numbers& family court history. Whether what you think is fair or immoral, will not matter. You save those moral battles when you really need to fight that cause. Everything else, is procedure including CS.
So my husband just received
So my husband just received another text message from the BM. She wants to work out a monthly CS amount. Does this mean she realizes that this is going to be a tough battle? He hasn't responded and won't respond until he speaks with our attorney today at noon.
Sometimes, if the adult child
Sometimes, if the adult child is in full time attendance at a post-secondary institution, they are still classified as a "child of the marriage" and deemed dependent. Legally, BM may still be on the hook for child support for adult SD and grandchild.
Consult a lawyer to see if this is the case in your state.
Good luck
Yes, long story regarding the
Yes, long story regarding the age difference! We're prepared for the long court battle and we're meeting with our attorney who represented us in 2004 today! Bring it on! We may very well lose, but we are not going down without a fight! Bring it!!
She can take you for CS on
She can take you for CS on the boy if he is under 18. You will get nothing. Statute on the money she was supposed to pay him during the decree is probably long gone. He should have pursued it then.
She will get CS from you, if she has one child living at home under 18. Above 18, most judges don't care, thankfully.
Also, just some advice, if you are going to ask for advice, don't be hostile, when you don't agree with it. Most of us have been on here for a long time, for me over 8 years now and we have seen a lot of these situations and speak from that knowledge. Respect that. You may not agree with it, but it is what we have seen.
My step-son mom may very well
My step-son mom may very well receive CS for 2 years! However, we are not going down without a FIGHT! Point, Blank, Period!!! She wants us to pay for her new condo and car! My question would be, why didn't she take him/us to court when my step-daughter turned 18???? She's 22 now!!! Something to think about! I just think a lot of the responses was pretty harsh! I respect most of the responses I've received. Thanks!
The legal fees you'll spend
The legal fees you'll spend trying to fight this will no doubt be enough to buy a new condo, car AND vacation home.
You might do a cost-benefit
You might do a cost-benefit analysis of this, using the CS calculator for your state. If SS if already over 16, and BM has not yet filed for CS, the cost of the total amount of CS owed until he is 18 may be far far less than the legal fees for a battle. And not due up front as a retainer. In my state, CS is only required to age 18, 19 if the child is still in high school at 18. Some states make it 21, if the child is in college. In my state, CS can only be ordered back to the date of filing with the court, so BM may not get anything for the time period prior to officially filing a petition.
But if your DH is ordered to pay, for example, $300/month, and there is 18 months until SS is past the age limit, that's $5,400. A court battle will cost you more, in money and stress. Maybe cheaper to just pay the CS.