SweetBJ

Paid 50% child support before ct order yet ex only saw the kids10%?

8 posts in this topic

Hello,  I am wondering if it is possible I can sue my ex in small claims/civil court for not getting the kids 50% yet i paid religiously the 50% obligation on the honor system.  Meaning i paid her 50% yet she only saw the kids 10%. I paid nearly all the daycare costs too.  I have full documentation to prove this too. 

 

FOC is currently in place after the official divorce. They are helping engorce the divorce decree snd she seeing the kids now.

 

However,  Iam looking to possibly recoup the 40% of funds I paid for 6 months prior to the divorce,  yet she didn't get the kids. Is this possible? If so what do i file? 

 

Thanks in advance! :)

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13 minutes ago, SweetBJ said:

Not sure what is up with platform today, but I didn't want to include quote from your post...

  The purpose of child support has nothing to do with paying to see kids.  Do not file a lawsuit.  Waste of time.

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Payment of support not does mean you automatically have visitation.  Likewise if there's a court order for visitation, non-payment doesn't effect the right to visit under that order.  Payments of support prior to a court order are considered voluntary.  You don't get credit against a future order and you don't get the money back.

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Thank you for the responses. However, this is very disappointing. It's as if It's ok to steal from a father trying to do the right thing. 

 

It seems to me, if I as the father didn't pay for child support prior to the divorce she could have legal grounds to get back payments.

 

I guess im mistaken. I do not feel this is legally fair that's for sure. This really upset my life as shed not show up on numerous occasions, which left me to frantically trying to get a sitter... all while maintain my job and income coming in.

 

Thanks again for the answers

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1 hour ago, SweetBJ said:

I am wondering if it is possible I can sue my ex in small claims/civil court for not getting the kids 50% yet i paid religiously the 50% obligation on the honor system.  Meaning i paid her 50% yet she only saw the kids 10%. I paid nearly all the daycare costs too.  I have full documentation to prove this too.

 

Let me make sure I understand the relevant facts.  It sounds to me like your divorce decree provided that each of you would have your kids roughly 50% of the time and that the order's calculation of child support was based on that approximate split.  Correct?  However, as things played out, you had the kids approximately 90% of the time and she only had them about 10% of the time.  Correct?

 

If so, and while you didn't say how long this has been going on, your recourse is not to sue your ex.  Rather, it is to seek a modification of the child support obligation (on a going forward basis).  Note, by the way, that I have no idea what you meant when you wrote that you paid "on the honor system."

 

 

1 hour ago, SweetBJ said:

FOC is currently in place after the official divorce. They are helping engorce the divorce decree snd she seeing the kids now.

 

Not exactly sure what this means, but the 50/50 time split is not something that can be forced on you or your ex.

 

 

1 hour ago, SweetBJ said:

Iam looking to possibly recoup the 40% of funds I paid for 6 months prior to the divorce,  yet she didn't get the kids. Is this possible?

 

Nope.  Sounds like you were doing based solely on an informal agreement with your then wife, as opposed to a court order.  If you paid voluntarily based on a 50/50 time split and she was only getting the kids 10% of the time and you continued to pay, that's on you, not her.

 

 

45 minutes ago, SweetBJ said:

It seems to me, if I as the father didn't pay for child support prior to the divorce she could have legal grounds to get back payments.

 

Either one of you could have sought a temporary support order while the divorce was pending.  However, if neither of you did that, and had you not paid, she'd have no ability now to get an order for "back payments."

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Hi @SweetBJ

 

Welcome to the community and thanks for posting! Looks live you've gotten some great input from the community! Agreeing with the consensus, you may want to speak with an experienced family law attorney about filing a motion to retroactively modify child support. For a free consultation and case evaluation with a family law attorney, click here.

 

Best of luck!

The FindLaw.com Team

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