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11-29-2009, 11:12 PM
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my son has physical legal custody
His son have beeen living with my daughter in law and he since February of 2008. Recently he dropped child support and decided to go every other month with the boy. He thought this was a healthy was to get the boy who is 171/2 re introduced to hs mother on a more fulltime basis. She is now filing for joint custody.
Is there any legal issues that should make him not want to go along with this. He seems to be doing well in school. My biggest concern is that she is going to try and receive more money from him. He will be 18 in August.
Please advise.
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11-30-2009, 11:47 PM
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Senior Member
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Join Date: Jul 2007
Posts: 1,889
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Why should support NOT increase if mom is buying more meals, using more water and electricity, more gas, etc.? The court would find it perfectly reasonable to assume that if the minor is going to spend considerably more time with mom, then support would be adjusted accordingly or some arrangement would be reached to reflect the change (like maybe the monthly amount stays the same but dad then pays for all health insurance, or whatever).
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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.
http://www.aardvarc.org
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12-01-2009, 09:01 AM
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I am sorry I did not make myself clear enough. There is NO child custody, they are just sharing custody month to month and have agreed with FOC to drop child support entirely. My cocncern is the ramifications of going back to joint custody.
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12-02-2009, 06:58 AM
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Senior Member
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Join Date: Jul 2007
Posts: 1,889
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ANY type of legal change in custody can pretty much be guaranteed to also include possible modification of child support. Even though support has been dropped for now, it can certainly be reviewed for reinstatement if a change in custody occurs. That's not to say that it WILL, only that it's possible. Having already dropped support previously, the court could just as easily (if not EASIER) keep things as status quo - particularly given that the child is almost 18 anyway. Unless the mom requests support, it probably won't be automatic. If she requests support, she has a reasonable arguement and may be awarded some.
__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.
http://www.aardvarc.org
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12-03-2009, 05:47 PM
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Moderator
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Join Date: Sep 2006
Posts: 15,249
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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12-06-2009, 05:38 AM
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Junior Member
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Join Date: Oct 2007
Posts: 2
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can you tell me how to post a message on here ? i need to know what to do for a denovo hearing & how to supeopna someone.
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12-06-2009, 04:26 PM
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Moderator
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Join Date: Sep 2006
Posts: 15,249
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It seems like you figured it out. I responded to your other post.
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