We've had my stepson for 8 years full time, can his mother sue us for child support?

Amber - posted on 10/19/2013 ( 2 moms have responded )




Hi there everyone. My husband and his ex girlfriend many years ago received 50/50 for their son. Shortly after me and my husband got together she dropped off my step son and said she couldn't take care of him any more and we've had him full time ever since. She's moved around a lot and she sees him here and there. She's went even a year without seeing him at one time. Anyways we've provided everything for him never demanding a penny from his mother. And never denying her to see him not that she saw him much anyways. Well even though we've had him for all these years and fully provided for him I'm worried if she can sue us for child support? I've read that even when custody is 50/50 there still can be child support, and I've read that normally the parent that makes more money would pay the other parent even though its 50/50 well in our case is 95/5. I'm worried if we would drop him off and she keep him and then sue us for child support? If she could do that, that easily? I mean we've claimed him on our taxes for over 8 years and we have witnesses that would vouch babysitter him, or witnessing him living with us and daycare records of us paying and dropping him off and picking him up. But could it all go downhill that easily? And unfairly? We make a lot more money than her and own 2 houses, have full time long term jobs, married, etc. she rents with a boyfriend and is now trying to get her license. She's been in jail, and her other children from another relationship live with their father as well.


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Jodi - posted on 10/19/2013




You need to go back to court and have primary custody ordered. As long as your court orders claim that custody is 50/50, she can claim child support. And yes, if you drop him off to her, she could keep him in accordance with the most recent court orders. But if you deny dropping him off, then you are violating the court order.

Ev - posted on 10/19/2013




If I were the two of you, I would take this back to court and get things switched to you guys having primary care in the joint custody and show the proof of your care for this boy with all you said here. Also make sure that you have written down the dates of her visits on a calender to show how often she has actually seen him. Also make note she will try to fight this and say otherwise. You said you had daycare payment records, witnesses who would vouch for his living with you all this time, and you have provided his care for eight years with little visit from mom or support. Ask for support from mom and have visitation set up for her. It seems like she is not wanting to do this the way it was set up in the first place. SHe can try for child support but if you have the proof the boy has been with you since 8 years ago then there is not a leg she can stand on.

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