Child support


#1

we live in Washington state and ex lives in NC…my husbands divorce was final in 2001 there was no child support order in this divorce he was awarded that he take care,custody and control of the minor child to reasonable and liberal visitation to awarded to ex wife she did not want him at the time and never fought for her 3 yr old son she was charged with abandonment of a child on base housing
my husband has had custody of his son for 11 1/2 yrs and never once did she ever give a dime of support for her son…well about 2 yrs ago he was 14 the son said he would really like to get to know his mother and he wanted to live out there for a yr and well her husband is in military the whole family had a unique opportunity to go live in japan for a year so we thought and talked and finally said yes but the ex come to find out could not go due to mental issues so he was to come back home that summer since he was already enrolled in school and we figured he still gets to spend time with his mother
well when son came back home he was a very dark changed boy she had let him with her permission get into dark very sexually explicate anime books games and movies and he started to have a mental breakdown at our house we were going to admit him into a hospital here in WA state we were all discussing what would be best for son the ex had told us to fly him back to NC for she already had a hospital bed waiting for him …WAS ALL A LIE he never went and seeked help so he refused to come back home while she poisoned his mind with lies about us…so we let him stay out there with the agreement that no support will be sought out on us because we did not agree with him staying and that this was totally their decision she had also signed an notarized agreement that while she has custody of him that she did not need or want support that was in 2010
well as you guessed she is now seeking full support and we got our lovely court papers in the mail this week…
she admitted to my husband that she didn’t like the fact that he had a wife and child now and she is jealous that shes not the only woman with whom he has children with and has been marred to and she doesn’t like me or our daughter and will do anything to ruin us…shes been married since 2007 and has 2 step kids of her own…and has refused to let me have any type of relationship with my stepson
1…can she really be awarded this support without having any type of legal custody and never paying anything for school medical or daily living costs for 11 yrs? shes claiming 0 income and cant show how she supports her son shes a housewife has never really worked and is an able working body her husband makes 3500 to 4000 a month with free electric w/s/g so how can someone sit on her rear and still collect child support but has enough money to go to new mexico and Italy and Tennessee…my family cant afford vacations…shes doing this all out of spite to us
she had let our son gain weight up to 250 lbs when he was 170 when he was here and wanted us to pay half for a personal trainer which she signed him up for with out consulting us about the price he told her that since she allowed him to get so heavy this cost would be on her dime cause her husband was doing it for free but evidently him and the son were not seeing eye to eye on training and he cried till he got his way on the most expensive trainer so she got mad and went and filed for support…
2…can my husband counter sue for back support if there was no order to begin with? and shes suing when there has never been an order and shes never paid?
3…would the fact that she retained his son with false promises and circumstances have any bearing?
4…will her criminal and mental background effect any of this? yes she has felonies
5…does NC law take stepparents income into consideration if shes claiming zero income and there is no sate assistance and cant show any monies on how she is supporting her son?
thank you for answering my questions…


#2
  1. Yes, she can seek child support.
  2. Yes, your husband can raise the issue of retroactive support, but the court will usually only look at the most recent 3 year.
  3. That may be relevant for custody, not support.
  4. Again, may be relevant for custody, not support.
  5. No, step-parents have no duty to support. But the court may impute income to her if they find her voluntary unemployment or underemployment is the result of her bad faith or deliberate suppression of income to avoid or minimize her child support obligation.

#3

Even if we have a notarized agreement along with verbal agreements from her that she did not want nor need child support from us cause she understood she never paid any support to us? And her and husband can take care of all expenses… We also have these agreements in e mail that she was fine with all this…
Again thank you


#4

Yes. Child support is actually the right of the child and agreements waiving the right to support are void as against public policy.


#5

yes,i agree with you child support.you done nice job there,thank you for sharing.


#6

i know im asking alot of questions thank you for answering them all…
just one final question
when we received our papers with support enforcement they told us to work it out with the mom so my husband and the ex talked and came to a cost agreement for the son which she said was more than she was looking for and more than fair she would notarize and send back she even agreed in email and text and told him she signed them and had them sent out…waited waited waited no papers in the mail…
he continually asked her if she sent them she had said yes i signed and sent them in email and text
well instead of the agreement papers showing up we got a summons…
will the court try to enforce this agreement that was verbally and agreed to in writing?
thank you


#7

hi katrinalaw i didn’t quite understand your post


#8

Child Support Enforcement will usualy try to put an order in place that is consistent with the guidelines.