I just got custody of my fourteen year old son.
The history of my case in a nutshell:Mother
and I dated in college. Mother told me she was pregnant and she thought the baby was mine. She didn't want a relationship with me. We agreed that she would leave me off the birth certificate and that I would not seek custody and in exchange she would seek no support from me.
Fast forward 13 years, I got documents from New Mexico to determine paternity
, establish arrears and establish child support
. The court assigned me $85,000 in arrears, not letting me take the defence of subsequent children (I have 4, and they all live with me). I objected at every turn with no result.
My son wanted to come live with me ASAP and the Mother wanted him to go with me because she wanted to move in with her boyfriend in another state. Just as custody changed hands, I filed with the New Mexico appellate court that mother had "waivered by acquiesce" in terms of the arrears they assigned me. Mother testified that we had made an agreement and that despite being advised to get support from me, that she had refused.
I am trying to find successful caselaw supporting waiver by acquiescence and also case law to support a possible equitable offset as I now have my son. This mother wants me to pay her $770 a month even though I have my son and four other kids.
My goal is to prove that she waivered by acquiesce, barring that I need some other options or my family is going to financially go down in flames