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Dual questions on CS both sides

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  • Dual questions on CS both sides

    Okay, you'll need a scorecard so be prepared. Forgive the "labels" but want to keep it easy but confidential.

    Mother has 2 children with father A. They get divorced, she has custody at divorce in 94 (TX). In 98 she loses custody and since 2 kids (#A1 & A2) have lived with father A in NC. Meanwhile she marries father B and has kid (B1). In 2000 they divorce, she maitains custody of kid B1 (divorce in NM).

    Fastforward to today: Mother lives in NC. Is a LPN nurse. Father A is taking Mother to court for failure to pay CS & judgements in excess of 20K. [Has TX ordered registered & enforceable in NC.]. Meanwhile, Mother is owed CS by Father B in excess of 10K.

    Can she get away with claiming to the court that since Father B hasn't paid all his CS for child B1 to her, she should be "forgiven" of not paying her CS for children A1 & A2?

    By the way, she is also living apart from her new husband, Father C, and has a child with him (child C1). She is talking about how they're agreeing to live apart one breathe and then they will get divorced the next. [He's stationed in CA and she refuses to go there.] Can she claim her living expenses are too high to pay the court ordered CS even though she has a home [military provided] home free of charge in CA--presuming she's still claiming they are "happily" married but apart. And if she goes the "we're getting a divorce" route, can her 3rd divorce cause her to be "forgiven" or get a reduction in her CS to kids A1 & A2?

    Sorry for the confusion, but you know how it goes when you've got 3 dads and 4 kids...... yikes.

    Thanks for any clarification on that.

    Now on the CS question for "both" sides:

    Father B is planning on trying to get custody of his child (B1). He also now lives in NC [and case is registered & enforceable in NC]. The mother has spiraled WAY down and even despite his low income and his partial payments of CS, based on even the simplest of things, like his kid having over 15 days of unexcused absences while in her care, I'm inclined to agree that child B1 is better off with him and his new life. There's been mother's boyfriend and the boyfriend's shotgun drama and a bunch else to that I won't bore you with. Sooooo, does he have a chance of getting custody while still owing her CS [yes now supposedly paying CS--just still way behind]?

    Thanks and here's hope for all the kids......:
    Last edited by JDDMEP; 03-26-2008, 06:04 PM.

  • #2
    No "this person" cannot gain credit on one support order because the other support order is behind. "He" would have to prove the mother unfit and being behind won't help him but won't hurt him if the mother is truly unfit.
    Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.

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