Q: What are my options?
I have 50/50 custody of my 7 year old son with my ex wife. We exchange our son every Sunday. I am ordered by the court to pay child support. For the past 6-8 weeks she has been in the hospital. She did not notify me of this, but because we live in a small town, I find things out. One week was even spent in a nursing home. On her custody weeks, her mother and father are caring for my son. I have already spent over $20,000 on lawyer fees to get the rights that I have today so hiring a lawyer again to fight for custody since she is not medically able to care for our son is not an option for me at this time. I have 2 other sons that I have full custody of that I have to make sure are provided for. I do not feel like I should have to pay child support if her parents are providing the care and I do not feel like I should have to share custody with her parents since she is in the hospital. What are my options (if any)?
A: It would all depend on whether or not she is permanently unable to care for the child or if she will be able to make a sufficient recovery. If she is permanently unable to care for your son, then you have grounds for a modification, however if she is simply ill temporarily, then the court is likely to keep custody the same. As far as child support goes, you must pay child support whether she is directly caring for the child or not. So long as she has legal residential custody, you must financially support the child.
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.
