Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

JM
Lv 5

Can I be prosecuted for not obeying the child support orders, even though I have custody?

Something I never realized with the child support orders is that both of us are required to provide a certain amount of money toward the children. A couple of years ago, the father of my children was laid off and wasn't making his full payment, so I got a order to have him held in contempt and to get his his tax return. Well, I got laid off last summer, so I've had to cut back on things for the kids. Well, yesterday, I got served with an order to show cause why I was not providing providing for them in the manner they have become accustom to. Based on the child support order, I'm suppose to be spending $800 a month on them. I spoke with an attorney and she said that I can't count my whole rent as going toward them, because I live there also. I can only count the difference in rent for a one bedroom and a two bedroom apartment, which is only $150. Also, only a small percentage of the utilities, food, and anything that I would normally be using if I didn't have the kids. They are treating me just like their father, saying that I cannot claim anymore expenses than he can. Can I really be held in contempt simply because I'm not spend $800 a month on them? Do all mothers go through this? Their father is calling it equality that that some guy he met on the Internet is teaching fathers how to do this. I think it's unfair.

13 Answers

Relevance
  • 1 decade ago
    Favorite Answer

    I have never heard of a custody order that required the custodial parent to put a certain financial amount towards the welfare of the children and I am not even sure it would be valid. It sounds to me like you either did your custody order through arbitration (always a bad mistake), or worse still, without legal advice. Anyway, your ex has found a "father's rights" group and they are dedicated to giving men all the rights (as it used to be) and the women get nothing. He is trying to make a legal point at your expense and I don't even know if it is legal (did you have a lawyer to assist you when you arranged the original custody/visitation order?)! You need to get in touch with a free legal clinic and get a lawyer to assist you NOW.

    And the fact that you care for them 24/7 while your ex only has them during visitation, should count for a huge chunk of your contribution toward your children. And I don't think it is fair to compare you with your ex. When your ex wasn't paying his support, he also wasn't raising the kids, you were. And it wasn't fair of him to expect you to raise the children AND pay your financial contribution as well as his too. But if they are going to insist that you be held in contempt of court (do you realize you could end up with a criminal record or even go to jail? this is serious and you need a lawyer now), ask that your contribution be reduced since you weren't working.

    Finally, demand that if the two of you are going to be held equally financially responsible for the children, that he be REQUIRED (not of this optional visitation) to take the children for exactly 3 1/2 days of each week (splitting both weekdays and the weekend)...that he be required to alternate staying at home when the kids are sick, etc. I doubt he is willing to give up his free time to do the nitty gritty of parenting like supervising homework and bedtimes, doing the laundry. It is much easier to just have a few hours of visitation, take the kids to the museum and out to lunch and then go home and have tons of free time.

    You badly need a very good lawyer. See that you get one. Take care.

  • 1 decade ago

    It's unusual that you have to pay support or be held accountable for the payment of support if you have Primary Physical Custody. That being said, if your court order stated that you will have to file a Petition to Modify the Support Order based on circumstances. You must be able to show the court that you pay to support the children because they live with you and the money you pay for them varies depending on your income. You will be able to show the court the percentage you pay for the children and not the amount - also based on your income. And you will tell the court that it is unfair burden to put a price tag on the way you support and raise your children. Provide the court with the expenses you incur for the support of your children - Medical, Food, Clothing, Shelter, Heat, Air Conditioning, School, etc. And then point out that the father does not contribute his support and that puts an undue burden on you as well. The court cannot make a decision if you don't bring them into the loop. All those who think that the court has eyes on your lives are kidding themselves. You must be proactive in the lives of your children and point all this out to the court. (BTW - does the father see his children regularly?) His payment or non-payment of support should not prevent him from seeing his children.

  • 1 decade ago

    Money only covers a fraction of what goes into raising a child 24/7...one parent, usually the mother...has to do the rearing and that just isn't taken into consideration anymore, but it should. Yes, part of that child support money goes to cover the increased cost of rent, food, etc., as well as the children's clothing, school expenses, etc....but who compensates the custodial parent for the long hours spent on raising the child? I bet that if the man was given custody, he would soon be demanding that his ex pay for the cost of his housekeeper as he would not be willing to be tied to his kids around the clock...so why isn't that "care-taking", seriously considered when it comes to child support?

    If I were you, I would pack the kids up and give them to your ex-husband and let him take care of them 24/7. And in turn, you pay in child support the amount he considered to be fair, based on his/your income! And then you can even get a cheaper apartment and not have to spend your evenings putting cranky kids to bed and supervising homework...your ex can do all of that now and not get paid for it either. Then your ex can see for himself if that deal was truly fair. I think he will be back to court within months demanding more money from you.

    Good luck.

  • Anonymous
    1 decade ago

    I'd be willing to bet this is one of George McCasland's schemes. I got hit by one of his ideas by my ex. He got the court to issue an order that both the money my ex paid, and the percentage I was suppose to spend, go into a trust fund. Now, I have to prove to the Trust Fund Director that I'm spend the money on the kids, just like guardians do whose taking care of kids after their parents get killed in a car wreck. I have to put $600 into it monthly, plus his $1100 a month, and if I can't provide evidence that I spent $1700 a month on the kids, it just stays in there.

  • How do you think about the answers? You can sign in to vote the answer.
  • MRSBE
    Lv 5
    1 decade ago

    well i always thought child support was for the child.not your rent and bills you would pay on your own without children.but maybe it should be called baby mama financial support.why should a father be required to pay your rent and bills when he doesn't live there and clothes,food,shoes,and etc for the kids also!too many women scam the system and use child support as income for stuff they wouldn't be able to afford without kids.kids these days that some women receive child support for are just meal tickets for them.like the other guy on here said,there are many women i know that have nice clothes,purses,shoes,manicures,pedicures,and keep looking good and the child is always in need.then these women have the nerve to say you cannot see your kids and raise them with another man as daddy all cause you don't want to give them more money than they already get.child support is not forever anyway and guaranteed.this economy proves it.its not fair a mama gets to go after taxes for child support,but when she is laid off or jobless she gets more c.s. and the courts feel bad for her.and courts don't see that the man needs to live too and needs money.many will say i am bitter,but i am all for fairness and the child support system does not give it unless you have alot of money,resources,and a good lawyer.what is our world coming to?child support you would not be receiving if you do not have children.get it through your head.

    my husband pays 400.00 a month to a jobless,gold digging,and ignorant woman fo a child he cannot see unless with a court order.the money goes to her new husband and his kids.his child is dirty,looks homeless,always hungry,and still in diapers at 3 years old each of the few times we see her yearly.she tells my husband that the child support is for her and not his child,the check comes in her name and she can use it on whatever she wants to.and she does exactly that from the looks of the child.and the sad part is the child will tell you and show you how hungry she is whenever we see her.she leaves tub rings in the tub after baths,the clothes have a permanent smell and them,her hair you cannot get straight it is always kinky and its very dirty,and she drops the child off in soiled diapers.this is each time we see the child.but the courts see the mama as a perfect mom and my husband as the person who should just provide the money for the mama to spend on herself.the mama has not worked since she had the child and never lived on her own,just with random men until she got married.

    Source(s): just my personal opinions and experience.
  • 1 decade ago

    OK, from what I know, ANY changes in your income, or lack thereof MUST be reported to your Dept of Revenue (Child Support). Technically, yes, they can go after you. Thats their job, and they do it quite well. Im sure there is something you can do to prolong the matter. Please call your Child Support office and talk with them. They may say to hire a lawyer and modify the support. When I was laid off, support came directly from my unemployment check. Although not my full monthly obligation, but it satisfied the courts. Good luck, dealing with support can be a living hell!

  • 1 decade ago

    The family court system in this country is screwed up, and you are unfortunately at it's mercy. Don't worry, thousands upon thousands of families got raked over before you and thousands more will come after. Good luck.

  • Anonymous
    1 decade ago

    Properly, yes you should be, for that is how child support works in every state. BOTH PARENTS are obligated to support the child in the manner set down in the child support regulations, which DO NOT represent the interest of the custodial parent, but of that of the child. Consider that even sole custodial fathers are still ordered to pay child support,

    http://answers.yahoo.com/question/index?qid=200909...

    http://child_support-custody_parents_income_increa...

    I wonder if your ex is one of my members?

    \\\\\\\\

  • 1 decade ago

    If you have the kids than you should be able to take care of them, Sometimes the best fit parent is not the one who has the most emotional attachment.

  • lolly
    Lv 7
    1 decade ago

    Yeah, it is right. If you aren't ok with it, you need to go back to court. You can't just turn around after the same thing happened to him years earlier and suddenly say it's unfair just because it's now you in this situation.

Still have questions? Get your answers by asking now.