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So I went through the state to get a child support order from my ex?

And my ex and I just got a letter saying he will have to pay $450 a month. Ex is mad as heck, and now says he is going to take me to court to change our custody ( we have joint now, with me being the primary custodian) to making Him the primary, along with more custody time than he has right now (in order to get out of paying child support). How will the judge react to this little game to get out of supporting his child?

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  • 1 decade ago
    Favorite Answer

    Hire a good lawyer, but you should be fine as your ex is just having a tantrum. Judge's seldom transfer custody to the non-custodial parent when there is a perfectly satisfactory agreement in place already. Your ex is also rather stupid. Even if he does manage to get equal time awarded by the judge, if he makes more money than you, he will still be paying child support. And if he does manage by a miracle to get sole custody, he is going to be very unhappy. He would be giving up all his free evenings, plus stuck with a whiny little girl and a ton of housework, just for $450. Obviously, he isn't thinking this through. Hopefully he thinks clearly very soon but if not, hire that lawyer. Take care.

  • 1 decade ago

    The judge has seen it heard it way to many times. Dont feed into your ex's game, if you are an unfit mother then maybe the judge might take a look but if that were the case and if that would be what your ex would try and say your ex would of fought for custody... Dont sweat it. Document the times that he picks up y'alls child/ren and just try to get along

  • Anonymous
    1 decade ago

    Now that's a lot of bull. Any attorney would have told him that even with sole custody, he could still be ordered to pay child support support. Joint custody does not stop it, so you're making that up.

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

    I've work with fathers for 21 years, and James Cook, the father of Joint Custody, was a friend.

    \\\\\\\\\\\\\\\\\\

  • 1 decade ago

    In a scenario like this the court may modify the custody agreement, but that wouldn't affect the child support as the custody was agreed upon pre trial. If you bring up the tactic to either an attorney or to the judge that you find it a concern nothing will happen. However, as a way to smooth things over and custody agreements aren't usually peaceful maybe tell your ex that you didn't pick the number, the state does. Reaffirm you went to the state because you were concerned about the child. If you as a mother are willing to accept him buying specific supplies instead of him sending you the full amounts of money it may go a long way. Something as simple as I needed 20 to get the childs hair cut, if you're willing to take them to get the hair cut when you have them you shouldn't have to pay me. That is up to you. Alot of custody battles get messy and sometimes I think a good faith effort would be a start.

    As a legal intern my advice is to consider mediation in lieu of court, if you and your ex find a reasonable agreement it will go better for everyone. Reaffirm with your ex talking to an attorney and going to court will get you back to square one, where counsel will spend their time talking to you then your ex and his counsel. It's a long horrible process. As in I've sat in court for 2 hours just to settle before we saw the judge, a waste of the court's time and yours. Not to mention legal fees, they add up fast. Bring this up, if you and your ex can still communicate its worth saving yourselves the time and money. In most settlements neither party ends up happy.

    Just my perspective, I hope it helps.

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  • 1 decade ago

    Its normal to go to court on these matters, but unless there is a good reason to change primary custody the judge wont, I would get an attorney though.

  • 1 decade ago

    Mine did the same thing. If you are a fit mother (no drugs/arrests/violence/etc) he won't be able to get the custody modified. He may be able to get the support reduced, but don't worry about custody.

  • 1 decade ago

    Put the child first! Always!

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