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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17432
Experience:  B.A.; M.B.A.; J.D.
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My husband's ex wants child support, they had an agreement

Customer Question

My husband's ex wants child support, they had an agreement made for 50 50 on all bills and child support wouldn't be filed by either party. My husband has had his son for 3 years and has never went after his ex for child support. Things changed and his son wanted to move in with his mother. We got married and moved in with each other. Now, she is sending him threats about how she talked to the judge and is going to get him for every cent he has. My husband is hard of hearing and is very upset and no sure what he needs to do. What should he do?
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
His son is 16 years of age, and he has had insurance on him and his ex wants him to drop the insurance also
Customer: replied 1 year ago.
She said she would drop the child support case if he paid her 200 every week for gas and food for him, but she never even helped him with anything when he had him. She didn't even come to see her own son.
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
My husband's ex wants child support, they had an agreement made for 50 50 on all bills and child support wouldn't be filed by either party. My husband has had his son for 3 years and has never went after his ex for child support. Things changed and his son wanted to move in with his mother. We got married and moved in with each other. Now, she is sending him threats about how she talked to the judge and is going to get him for every cent he has. My husband is hard of hearing and is very upset and no sure what he needs to do. What should he do?
Response 1: File a response to his ex's filing with the Court , if she is actually file Complaint for Child with the Court and tell the Court his side of the case. If he has receipts for child support paid and other expenses paid for the child, he must include copies of those with his response to the complaint. He should NEVER make side arrangement with his case to drop the child support case. If he does, it is most likely that his ex would renege on the agreement and he would then owe more support.
His son is 16 years of age, and he has had insurance on him and his ex wants him to drop the insurance also
Response 2: He should NOT agree to this. Carrying his child on his insurance goes to show that he is paying for support for his child contrary to what his ex is alleging.
She said she would drop the child support case if he paid her 200 every week for gas and food for him, but she never even helped him with anything when he had him. She didn't even come to see her own son.
Response 3: He SHOULD NOT MAKE ANY SIDE AGREEMENT WITH HIS EX. He should let the Court decide. This means that he MUST NOT ignore any filings by his ex. He MUST respond to all filings by his ex with the Court and tell the Court his side. His ex MUST serve him with all her filings with the Court so that he can file proper responses to them and get the opportunity to tell the Court his side. He is entitled to this due process.
Customer: replied 1 year ago.
We have called the courts and they have said there has not been any paperwork filed by his ex, but when we called child support there has been. Also she had a paper she was trying to get him to sgin that was for child support from the court. He told her he wanted to read it, but she would not let him take it to read, and make the comment that he is going against the court and will end up paying all the court fees when she wins. Will he have to if he losses in court ?
Expert:  Phillips Esq. replied 1 year ago.
We have called the courts and they have said there has not been any paperwork filed by his ex, but when we called child support there has been. Also she had a paper she was trying to get him to sgin that was for child support from the court. He told her he wanted to read it, but she would not let him take it to read, and make the comment that he is going against the court and will end up paying all the court fees when she wins. Will he have to if he losses in court ?
Response: I do not know because I have not reviewed any document filed with the Court in the case. So, I am not in a position to answer the question. If Child Support enforcement is indicating that a case has been filed, he needs to request that they send him a copy so that he can file a response to it. If a case is filed and his ex lies to Court that he has been served, but he has not been served, a Default Judgment could be issued against him based on the lie. Eventhough he can file Motion to Vacate the Default Judgment that is a route he does not want to take because it could take a while to remove that Default Judgment. In the meantime, his income could be garnished while he is trying to remove the Default Judgment!
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