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Ex got laid off and no child support coming in California

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  • Ex got laid off and no child support coming in California

    Hi I live in california, my ex lives in nevada. We went to court in nevada and he has been paying his child support. He just got laid off and now he has no idea when I will see child support b/c he has to find a new job. We normally meet half way every other weekend and transfer the kids, do I still have to do this when I might not be getting any child support to help with this normal driivng situation.

    thank you

  • #2
    Yes.

    You cannot withhold visitation.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      It depends on what your divorce decree proivides. If its says he will pay for the full cost of transporting the kids back/forth from your house to his (and you have just been a "good guy" by driving half way), then I suspect you have no legal obligation to meet 1/2 way.

      If the divorce decree is silent on the matter (or even if it provides the he will pay the full cost), my advice is to keep doing what your doing for the sake of the chilldren. You and your ex have worked out what seems to be be a very fair child exchange arrangement. While I can appreciate that you "might not be getting any child support to help with this normal driivng situation," remember, your ex is in the exact same position -- he lost his job.
      Barry S. Phillips, CPA
      www.BarryPhillips.com

      IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

      Comment


      • #4
        OK I thought that was the situation, some of my friends have said that if you don't get any child support then he doesn't get any visitation, but I distinctly remember my attorney saying it doesn't work that way. Thank you very much.

        Comment


        • #5
          Your friends are wrong.

          He is not paying for the priviledge of seeing his children.

          You both made a contract with the court, not each other. He agreed to pay a set amount and you agreed to allow visitation.

          if he doesn't pay, he is not in contempt of you but of the court. If you don't allow visitation, you are also in contempt of court.

          These are separate issues and are independantly decided.
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

          Comment


          • #6
            Thank you very much...

            Comment


            • #7
              Yes, I know that I just wanted to make sure. I wouldn't want to do that to my children b/c then they could have repurcussions for the rest of their lives. I just wanted to make sure that I was right.

              Comment


              • #8
                But It Is Not Right For The Fathers To Be A Free Loader. The Mother Still Has To Pay For The Kids.he Should Not Have Any Rights Till He Pays.it Is Not Setting A Good Example For The Kids.it Is Tell Them They Will Not Have Any Consequnces For Not Paying. Sure The Courts Will Do Somthing But If He Pays Once Every 90 Days It Does Not Matter If It Is 3 Dollars The Courts Will Not Do Anything.it Is **** Up. The Fathers Are A Free Loader The Least He Can Do If No Child Support Is Pay The Whole Trip To See His Kids. What He It Sounds Like Is He Does Not Care What His Kids Have To Do Without Or How Much Of A Bind It Put On The Mother So Long As He Get What He Wants.

                What A Good Father His Kids Should Be So Proud

                Comment


                • #9
                  Originally posted by amy_shane2 View Post
                  But It Is Not Right For The Fathers To Be A Free Loader. The Mother Still Has To Pay For The Kids.he Should Not Have Any Rights Till He Pays.it Is Not Setting A Good Example For The Kids.it Is Tell Them They Will Not Have Any Consequnces For Not Paying. Sure The Courts Will Do Somthing But If He Pays Once Every 90 Days It Does Not Matter If It Is 3 Dollars The Courts Will Not Do Anything.it Is **** Up. The Fathers Are A Free Loader The Least He Can Do If No Child Support Is Pay The Whole Trip To See His Kids. What He It Sounds Like Is He Does Not Care What His Kids Have To Do Without Or How Much Of A Bind It Put On The Mother So Long As He Get What He Wants.

                  What A Good Father His Kids Should Be So Proud
                  What does that have to do with the legality of the situation? How is it that a parent that is in the unfortunate situation of being out of work, but looking for work (who has a history of paying child support) is considered a freee loader?

                  By the same definintion, if the custodial parent were out of work and recieving and living off of the child support...would that parent be a free loader?

                  Before you post your rants, stop and think if it has any value to the OP.


                  wait a minute...is this Brittney, Amy's daughter? If so, you need to stop responding to something you know nothing about. You're a child. Stay out of the adult's business (including your mother's.)
                  Last edited by mommyof4; 12-04-2006, 12:17 PM.
                  HOOK 'EM HORNS!!!
                  How do you catch a very rare rabbit?
                  (unique up on him)
                  How do catch an ordinary rabbit?
                  (same way)

                  Comment


                  • #10
                    What needs to happen is you always have to think about what is best for the children. Stopping visitation just b/c the custodial parent isn't getting any money isn't right either.

                    Comment


                    • #11
                      No This Is The Mother Thank You Very Much! And If The Custodial Parent Was Out Of Work She/he Would Still Be Taking Care Of The Day To Day Life. The Other Parent Should Make Sure Of Paying Child Support Before Ever Paying A Bill I Dont Care Of About The Law Part It Is The Right Thing To Do. Now About My Child Ill Dare You To Disrespect My Child You Never Talk Like That To My Child Again. You Are A Rude *****. If He Is Such A Good Parent He Would Make Sure The Child Support Is Paid The Custodial Parent Cant Say Im Broke I Cant Feed You Or Cloth You Today Or For The Next 5 Months Can They No They Find A Way While The Other Parent Is At Their House Eating Away Or What Ever Else They Wont Just So Long As They Get Their 2 And Half Days A Week Mind You

                      Comment


                      • #12
                        Amy31...you were given the correct information before. Good luck and hopefully he will find a job soon. Just remember that the child support he owes does not just disappear because he doesn't have a job. I think that if he has been paying, you don't have to worry that he will not get caught up.
                        HOOK 'EM HORNS!!!
                        How do you catch a very rare rabbit?
                        (unique up on him)
                        How do catch an ordinary rabbit?
                        (same way)

                        Comment


                        • #13
                          Im Laughing, He Now Knows That Nothing Will Ever Happen To Him You Will Now Get A Payment When He Wants To Give You One.what Does He Have To Lose If He Does Not Pay? Nothing He Gets The Perks Of Being A Father Without The Cost

                          Comment


                          • #14
                            Amy shane, we all know that you are bitter because your ex will not allow your new husband to adopt. That has no bearing on this OP's situation and you need to stop spewing your hatred about men to others. You DON'T know what you are talking about. It IS wrong to destroy a chid's relationship with his or her parent. You don't know this poster's ex and she has made the best decision for the welfare of her children. I wish you would stop and do the same. You allowed your child to post online under your name about a situation she has no business being involved in. I guess you thought that if a child asked, the sympathy she would recieve would change the answers YOU recieved when you asked the question. If a judge finds out what you are doing to your child, you run the risk of losing custody. Now STOP.

                            The only disrespect that has been shown your child has been by her mother who involves her in a situation she is not equipped, emotionally, to deal with. That is emotional abuse.

                            www.laborlawtalk.com/showthread.php?t=164293
                            Last edited by mommyof4; 12-04-2006, 12:52 PM.
                            HOOK 'EM HORNS!!!
                            How do you catch a very rare rabbit?
                            (unique up on him)
                            How do catch an ordinary rabbit?
                            (same way)

                            Comment


                            • #15
                              *****i have not let my child do ****.mind you that was my so called mom i have chewed her butt out about it she thought she was helping by using her name thinking there was somthing my child could do.as i said before my child has no idea my husband is not her father. if i have it my way that is how it will stay im sorry about any prolbems that post cosed you i dont know how to take them off. but eather way nobody has any right being rude to my child. so it may be this has nothing to with my sperm donner i think anybody who does not pay should not have any right and their names and pictures should be posted on the tv.

                              Comment

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