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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111605
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband is the father to a 16 year old son, Colby.

Customer Question

My husband is the father to a 16 year old son, Colby.
-Colby, mom, and dad resided as intact family (married) in NC until 2005. (Dad joined the military and moved out of state)
-Dad had an order to pay child support through CSE in NC.
-Dad divorced mom in 2007, however, Colby remained down in NC. The divorce was uncontested and child support/custody were not addressed.
-In 2012, DCF took Colby from mom, Child support was terminated and colby came up to MA.
-In 2013 - My husband took it to court, registered the foreign decree and obtained complete legal and physical custody with visitation to mom. Child support was established at $0.
-During his stay with us, mom never paid a dime.
-Summer 2014 - Colby begged us to let him stay down there. We decided to give it a shot.
-Summer 2015 - Colby was not doing well in school at all, and his dad decided to go back and get colby. That didn't go well unfortunately. The police department could not force Colby to go with dad as we didn't have a contempt order against mom.
-Summer 2014 to Summer 2015 we sent child support down there each month.
-They (Colby's mom and her parents) begged us to let him stay and said they wanted no help from us at all. We had even given them $800 from our tax return.
-Mom is now threatening to go to child support if we don't start giving her money. If she goes to her local Child Support Office in NC...
QUESTIONS:
-The most recent court order is out of MA and addresses C/s and custody. It was a judgment of modification. So would the order remain up here although he is in NC?
-She would first have to get services from NC child support office and they would have to rquest MA to modify the order?
-Can we go back and have arrears established for the time Colby was with us?
In the meantime we set up an account for "Child Support". The mother will have the debit card and we will be depositing money into it monthly.
We would like to know how much leverage we have against her threats. She has a past drug habit and has been incarcerated for drugs and assault on a police officer. She is VERY manipulative.
When she approached me that she was going to file or else, I told her that we could potentially get a contempt on her for refusing to give colby back AND we could get arrears established.
Thanks for your help!
In 2012, Dad was awarded sole physical and legal custody with monitored visitation to mom
Submitted: 10 months ago.
Category: Family Law
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

The UCCJEA (uniform child custody jurisdiction act) will keep the case in MA. NC is not going to be able to assert jurisdiction since MA now has jurisdiction.

She can certainly request assistance from the state in NC...but the case has be be held in MA (because of the UCCJEA)

Arrears? Unlikely. YOu can request a modification...but the court will not go back to a time before the modification is filed to order support.

As for mom and her threats...the court is concerned about one thing...and one thing only. What is best for the child. So mom can threaten what she likes...but at the end of the day it is up to the court to decide and they will do so based on what is best for the child

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 10 months ago.
I know that no one know what a judge is going to say. Just wondering what leverage we have that she never sent us a dime in 2 years and now is pitching a fit if we don't do everything her way. She lives with her parents who provide for most of her and Colbyms needs. We even sent child support voluntarily for the 1st year he was back down there. The only reason we stopped is because she and her parents were screaming that they don't want anything from us. To just let colby be down there. We didn't feel righ about that so started sending it again and now she is trying to say it's not enough. What can we say to her threats?
Expert:  Law Educator, Esq. replied 10 months ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR as your previous expert had to leave.

Actually, if the child is with mom now, then mom has grounds for support for the entire time the child is residing with her. The support is based on the child support guidelines in MA and the court has to follow those guideline. Unfortunately, this is different than your situation with her not paying you a dime when you had the child because you said the court order was $0 support. So if she now has the child you need to calculate support based on dad's income and the child support calculator to determine what she is legally entitled to and do not give her a dime more as this is all the court would award her if she were to take you to court.

However, if the child is not doing well there, I would consider filing a motion to ask the court for an order to return the child to you based on his own best interests and then you would not owe her anything.