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stevexo, Family Law Attorney
Category: Family Law
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Experience:  30 years helping those with Family legal needs
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Is it possible that a court would order me to pay child support

Resolved Question:

Is it possible that a court would order me to pay child support to my wife (we are separated) when I am the one who has custody of the child?

My wife moved out of our home, abandoned me and our 6 year old daughter, and is renting a room in a single family home from someone. She refused to sign a separation and property settlement agreement after she left so I immediately went to the intake office and filed for sole legal and physical custody, visitation agreement and child support. I was served about 4 days later with the summons and our court date is August 14th. However, the petition only addresses custody and visitation, even though I also filed for child support as well. She has been exercising visitation with our daughter only once per week. I am still paying for my wife's health insurance and auto insurance. Monday morning I received a summons on my door where my wife is seeking "child support" in the amount of $1,500 per month. I'm not sure why she is filing for child support when the child is with me and I am already supporting the child. Also, I do not know where she got the figure $1,500 per month as my income is only about $50,000 per year.... how could I pay her $1,500 per month! It's ridiculous!!
Submitted: 1 year ago.
Category: Family Law
Expert:  stevexo replied 1 year ago.
32 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. Hi glad to help! I will give you the same advice I give my clients, and that is, anyone can file for almost anything they desire. That does not mean that there is any legal basis for it. No, I do not legally believe that in this factual situation that she would get any child support. This is so, as you have sole custody, the child lives with you, and thus she is the one that should be ordered to pay child support. Now situations can arise when custody is joint and the time spent at each home is equal, yet one of the parties can get child support in an amount that would be determined by the difference in their actual income. But that is not your situation, as you have been exercising sole custody, subject to her visitation rights, and thus she is the party that the support should come from.I am assuming from her demand and the posture of your case, that this demand was made in her answer to your complaint. This happens all the time,you will never see an answer to a petition that does not ask for everything under the Sun.That does not mean that said party will get any of it. You need to asap check the petition you filed, as you stated that child support was asked for by you, and that issue is not scheduled to be heard, as it appears not to have been plead in your petition. You need to have them amend asap the petition to add a request for child support, both currently, and also claim back support for this entire time you have been taking care of the child. If there is not an allegation in your petition for child support, you will not get it, so have the petition amended to include this.Then you will need to prove at the hearing the facts alleged in this question, as far as abandonment, you being the sole care taker, and generally show that it is in the child's best interest to stay with you, and for her to pay support, as to not do so would disrupt the child's life. I would not obsess over her demands, it is normal, and just get ready for the hearing to prove up your case, and amend the petition first. You should easily prevail in this case. Good Luck, Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
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