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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86685
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son has decided he wanted to move in with his father temporarily.

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My son has decided he wanted to move in with his father temporarily. He was supposed to be there a month but has decided to stay for a few more months. The father pays me child support. Do I legally owe him the child support money that is taken out of his pay check through the government if we we decided among ourselves? I do not know if he will later ask for the money and wish to be prepared. Thank you sincerely, XXXXX XXXXX

 

The father is very disgruntle and borders on vile even after 12 years of being divorce and although I waived my alimony - he still resents paying the child support which is why I have it go through the State of Florida.

Submitted: 3 years ago.
Category: Family Law
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

This question has several aspects to touch base on:

1 - assuming your child is still under eighteen, you have the right to demand his return if you are the primary custodian. The child has no say in the custody orders (except testifying to his preference if he is deemed old enough, if/when the other parent files for a modification).

2 - having said that, the father may petition the court to cancel child support if the child stays with him for a significant time (a month or more) for the month where he would have paid you, and even request child support for that month for himself.

3 - verbal contracts as to child support and custody are generally not binding unless ratified by the Court.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

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While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

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Customer: replied 3 years ago.

I just want to be clear. My son is 13 years old and has emotional issues, has been diagonis with ADHD and is currently taking medication. All of this in the middle of puberty. I was having trouble controlling him and thought best he stayed with father for only a month. However, during this time the father has poisoned my child horribly. It is document through my son's current phycologist. My son now refuses to come back home. I can not force my child back home. He is taller than me. Are you saying that I owe the father the money back for the month he had him?

Expert:  Ely replied 3 years ago.
Technically speaking yes, but only if the father files a motion for this in Court and has the Court recognize that the father has been the custodian of the child for that time. The child support follows whoever is the custodian.

If you have the custody order that states that the child is to be with you, and your child refuses, you have the right to call the police non-emergency line and request that an officer accompany you to ensure peaceful retrieval and assist you in retrieving your child from the father.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

http://www.justanswer.com/law/expert-attorneyeli/

…if you do this, make sure to begin the question with “This Question is for Eli…”
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86685
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 4 other Family Law Specialists are ready to help you

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