Q: My husband has joint custody of his two kids and we both have them 90% of The time. Should she still get CS?
The children’s mother supposedly works 2 jobs and still receives CS payments every 2 weeks. She rarely gets her children and if she does, it’s only for a few hrs or at the max a night. It’s never consistent and there is always an excuse for when she doesn’t follow through on her promises to the kids. The money she receives is not going towards the kids because they’re always with us! That’s not a problem with me at all...I actually prefer them being with us but not while she continues to receive financial support! Is there something that can be done? That money needs to follow wherever the kids are! At least that is how I thought it worked.
A: This is a very interesting question. If you want to change custody of children, can you base your change on the fact that you and the other parent agree that you can have the children during what would be the other parent's time? No, that will not be a change in circumstances. If she refuses to take the children during her time, and does not provide for them, then you might have something. You need to talk to a lawyer in your county and get some advice in depth in specific to your facts.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
