Asked about 1 year ago - Centereach, NY
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My husband's ex wife is custodial parent for their teenage girl. She moved to another state and has left their daughter with us since Spring 2010. Her mother makes sporadic visits but now is threatening my husband to take him to court for child support. We have taken care of her, she's lived in our home, and she is even under my health insurance.
The teenager has been with us 75% since the divorce because she goes to school in our school district and her mother moved about 25 minutes away in a different city.
What should we be concerned with and how can we protect our family?
Your husband should be filing a petition in Family Court (or Supreme Court) for a change of custody, which will thereafter require the mother to pay him child support.Obviously, this mother, who takes no real interest in her child, should not be the custodial parent. She appears to be interested only in collecting child support while the teenager continues to remain in your care.
Your husband should file for an immediate change in custody, since the child support obligation to his ex-wife is still running and will continue to accrue so long as the existing order (divorce agreement) is in effect. The ex-wife has many severe enforcement remedies at her disposal to collect the past child support, which continues to grow. Under the facts that you present, it seems likely that the court would grant a change in custody. The ex-wife would then owe child support to your husband for the benefit of the child. Call for more information (516) 368-2484. I have offices located in Garden City and Hauppauge.
you need to bring an action in family court and get actual custody. all that you have done is nice but does not remove the child support obligation you husband has. you need to move on this soon or you are going to get tangled in family court hell. you could also consider bringing the matter in supreme court
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