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Roger, Attorney
Category: Family Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband has a 13 year old daughter from another marriage.

Customer Question

My husband has a 13 year old daughter from another marriage. There is no court ordered child support, but he does pay monthly. She demands child support during the summer months, But does not have the child in the summer. She sends her off to Tennessee to visit her grandparents for part of the summer then we have her the rest of the summer. If my husband doesn't pay she threatens to take him to court saying she will get more money out of him. He pays 350.00 a month. I don't know if she can get more or not, maybe so. We also have the child most weekends. It use to be Friday night thru Monday, and her dad would take her to school. Now he picks her up on Saturdays takes her back on Mondays. Can she demand money when she is not supporting the child during the summer? Also, she made it clear I am not "mom" which is fine, but she tells my husband my income would be factored in for child support. She does not want me to have any say, but she has no problem threatening to take my money! Does my income factor in?
Submitted: 5 years ago.
Category: Family Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.


If she's the custodial mother, she has a right to collect child support every month. She should use the money to pay for their care during those months. If you believe that she's squandering the money or using it improperly, you can file a motion to modify the child support order and get the judge to order a reduced payment or cecession of payment during these months. If your husband is going to stop paying, he better have a court order in his favor or he's going to be in trouble with the court.


No, your income is no factor in determining child support because you have no legal obligation to care for or support the child.

Roger and 4 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
There is no court order, nor has there ever been a court order. They worked it out between themselves. Does this make a difference? Would it be in his favor to go to court or do you think he would end up paying more? He makes about 2500.00 a month sometimes less because he works on commission. Our mortgage alone is 1200.00, plus other bills like gas, car ins etc...
Expert:  Roger replied 5 years ago.

If there's no court order, he could be in for a real disaster because any money he's paid over doesn't count toward his legal child support obligation. Only money paid through child services is credited. Thus, if the mother claims that he's never paid a cent in child support (even though he's paid her money), he would have to prove he had - which can sometimes be very hard.


If he pushes her on not paying during these months, he may be opening a very big can of worms for being exposed to pay back child support and support going forward.


If he wants to go to court, I would recommend that he get something in writing that says she agrees he's paid her child support over the years - and what amount he's paid.

Customer: replied 5 years ago.
He was paying the mother cash, until he met me in 2002, and advised him to pay by check and put a note in the memo part saying " Kristin" (child's name) is this good enough? Plus she sends him text messages regarding "her check" We could have all those checks pulled? The child was born in 97, separated in 99 and divorced in early 2004. Can she collect from time of the separation, or divorce?
Expert:  Roger replied 5 years ago.

Whether this is good enough depends on what the mother claims. If she claims that this money was not for child support, he's going to have an uphill battle - this is especially true for the cash payments because he has absolutely no proof that he paid her anything. So, you advice to him to write checks was certainly a good recommendation.


If each check each month is the same, I think he can put up a good claim that this was intended as child support.


If she sought to pursue such a claim, it would be from the date of the divorce - not the date of separation.

Customer: replied 5 years ago.
One last question. My husband was out of work for a year. From 10/10 until 9/11 basically one year. His only income was disability, and then unemployment for about four months before returning to work. Can she take him to court and try to collect for that year, even though he was unemployed?
Expert:  Roger replied 5 years ago.
Yes, she could seek to collect for that year as well, but the amount for that year should be reduced to a proportional amount of what he made that year - child support is collectible out disability pay.
Customer: replied 5 years ago.
So, she can only collect from his unemployment & not his disability pay? Basically just The four months he collected unemployment?
Expert:  Roger replied 5 years ago.
Child support can come out of disability payments, but usually not unemployment.