QUESTION
Can I get child support from my ex-wife?
Asked on Oct 20th, 2013 on Child Custody - Oklahoma
More details to this question:
My wife and I have a child support order that I pay her $1043.00 for our 2 kids. We are both in the service and the kids have been with me for over 2 years now because she has left them behind in the states to chase money overseas. I asked her to send at least $500.00 but she refuses to do that. I want to know if I can do anything about this or do I have to just deal with it?
5 ANSWERS
Bruce Provda
Yes, you could file for a modification of the child support order due to the fact that the children are living with you.
Answered on Oct 21st, 2013 at 12:53 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You go back to court and ask for the child support order to be modified so that she pays you support instead of the other way around. This sounds like a material and substantial change in circumstances to me.
Answered on Oct 21st, 2013 at 10:28 AM
4 Awards
You can get child support under these facts you have described. You will need to show a material and substantial change in circumstances to modify the current order. The kids living with you meets that criteria. Her being overseas can be somewhat difficult as you will need to pursue collection of the support if she does not pay, but since she is paid by the government, you should be able to collect at least something. Most importantly, you will want to get the support you are ordered to pay stopped because at $1043/month over 2 years, if you haven't paid, you will have a great deal of arrearages to deal with.
Answered on Oct 21st, 2013 at 10:07 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You need to file an Application to Modify, setting forth that you have the children with you and child support needs to be modified.
Answered on Oct 21st, 2013 at 8:58 AM
It's called a motion to modify support. Whether you can pursue the change while she is active duty overseas is a separate question. .
Answered on Oct 21st, 2013 at 8:52 AM