Q: Child support
While my husband was going through his divorce 2 years ago his ex first filed child support only after taken the kid's from him for a year not allowing him to see or talk to them or know where they were living. In child support court he was ordered to pay 2,400$. Then while going through the divorce custody got figured out and child support dropped to 1,200$ court ordered her not to move out of the county or state. The ex wife begged and begged my husband to let her move out of california.. She asked dcss to close the case& they drew up a paper saying she drops the support to move out of state to find lower cost of living and the 3 kid's were to come every summer she wouldn't allow them to come. And now he got papers from dcss saying she asked to have the child support order reopened. Can she do that living out of state and the paper they drew up was not filed with the court. Can he also get her for parental kidnapping?
A: It sounds like he allowed her to move with the children, and it is highly unlikely that kidnapping could be established. If he acquiesced in enforcing his custody rights, his position is weak. It certainly sounds like she tricked him, and it sounds like he will be paying more in child support even with the agreement to dismiss child support. Agreements for child support will not be enforced if one parent needs and is eligible for child support. The agreement will most likely be followed by the court until the date of the filing of the new request. The facts that she lives out of state is making it very difficult for him. More facts are required to provide a thorough analysis. Consult with a local family lawyer.
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