Can I get full custody or child support if my ex isn’t upholding her half of the custody agreement?

My ex-wife and I have a 50/50 custody, however she moved about an hour and a half away to “go to school” and only comes home to see them on the weekends. When she is home, she leaves them with her mom and Hoes out with her boyfriends. She has a CDV charge from a few years ago for attacking her boyfriend. She only pays about 10-20% of their expenses. I have no money because I am paying all of their expenses so I cant afford a lawyer. She just bought a 35k car but claims she has no job. Is all of this enough to get her custody dropped to less than 50% and get her to pay child support?

Asked on December 3, 2011 under Family Law, South Carolina

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for submitting your question regarding issues with your ex for not complying with current child support agreement.  First, do you have current child custody and support agreements in place?  This would put in place requirements for both of you to uphold with regard to support and custody.  Each state sets forth its own guidelines relating to this issue.  The state where you have the court enter child custody and support orders will dictate which laws are followed for the agreement.  Even if your spouse moves to another state, that will not change the laws controlling the orders. 

If you have these types of orders in place, then your ex is required by law to uphold the orders of court.  If she does not wish to comply with the orders, then you can pursue her being found in contempt of the orders. 

Also even if she is not paying as much as you for child support, that might not equate to her having less physical custody of the child.  Usually the court will require the parent that is most financially capable to bear the heavier financial burden for child support.  However, if you are stating that she has misled the court as to her financial status, then those matters should be addressed by the judge.  You can seek a modification of the child support and custody orders based on the information that she has withheld from the court.  You can contact your family law court to obtain the necessary paperwork to complete these filings.

Finally, even though you stated you do not have the funds to hire an attorney; it might actually save you money in the long run.  If so, contact a family law attorney in your area that knows the family court system in your state and can further assist you.

 

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for submitting your question regarding issues with your ex for not complying with current child support agreement.  First, do you have current child custody and support agreements in place?  This would put in place requirements for both of you to uphold with regard to support and custody.  Each state sets forth its own guidelines relating to this issue.  The state where you have the court enter child custody and support orders will dictate which laws are followed for the agreement.  Even if your spouse moves to another state, that will not change the laws controlling the orders. 

If you have these types of orders in place, then your ex is required by law to uphold the orders of court.  If she does not wish to comply with the orders, then you can pursue her being found in contempt of the orders. 

Also even if she is not paying as much as you for child support, that might not equate to her having less physical custody of the child.  Usually the court will require the parent that is most financially capable to bear the heavier financial burden for child support.  However, if you are stating that she has misled the court as to her financial status, then those matters should be addressed by the judge.  You can seek a modification of the child support and custody orders based on the information that she has withheld from the court.  You can contact your family law court to obtain the necessary paperwork to complete these filings.

Finally, even though you stated you do not have the funds to hire an attorney; it might actually save you money in the long run.  If so, contact a family law attorney in your area that knows the family court system in your state and can further assist you.

 


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