Q: My ex wife had my two kids. 7 months back she gve my son to me. Being garnished.she owe me that money back?
She has only provide health insurance, no support. Not returning my money. Said it for the $3000 back I was. I paid that off in full. Is she stealing that from me / the state / her son. I pay her and support him 100% more like 112.5 %
A: It is your obligation as the payor of the support to initiate a modification of the support order when the situation of where the children are living changes. The original judgment for child support continues in full force until it is modified. So any money that she has received she can keep until your file for a modification. You can go to the courthouse and get paperwork to modify the parenting time/custody arrangement and the corresponding child support. But understand that she could decide to request that your son goes back to live with her. Although, if you have had him for 7 months, and he is doing well in your care, the court is likely to agree that he should stay where he is. Also just because you each have a child doesn't mean that the child support goes away. It is still calculated based on each party's income and if you earn more than your ex-wife, you may still owe her some money, but it will be a lot less then it was before as you will get a big credit for having your son living with you. (If she earns more than you she may owe your some child support.)
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