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Submitted 108 days ago...

DADCONFUSED

DADCONFUSED

New User (1)

does ex wife still owe back child support

I have had primary physical custody of my two children for ten years. My daughter who is fifteen wants to live with her mother because she got in trouble and got restricted at my house.The state of Tennessee has change the wording since divorce, if I sign a parenting plan allowing my ex-wife to be primary residential parent does it over ride original court order for child support. mother owes around 27000 in back child support.the parenting plan has me paying 98.00 per month.I have been married for almost 10 years my current wife and I have a son who is 5 and our other son from my previous marriage. My ex wife filed a modifcation of original divorce decree.I spoken with several lawyers they have all said it is costly to fight and I have three children who have to go to college, She is fifteen and she has a choice and the judge will more than likely let her go any way .Do I sign the parenting plan order and then get back child support owed to our children .

 
 
 
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Answer 1 / 2

Submitted 73 days ago...

tomturkey

tomturkey

Brain (2,054)

I would get in touch with an attorney and see what my rights are. I would not sign anything before knowing how it would effect my back child support. I am not an attorney but I would think if you signed over to your ex giving her primary residential of your daughter that would over ride the original order . If your wife is filing for modifcation of the orignal divorce degree what is she wanting? Is it child support and or custody? Your lawyer is right court battles between parents can be very costly. I always hate it when they say that,it is like taking away all hope to the other parent for a fair chance with their rights. If she fliles she has to have you served and if she does you will want to go to court because if you don't she will get what she ask for. If you have know lawyer you can still go and ask the court to appoint you an lawyer. Then usally the judge will set a knew trail date. You can also be the one to file to modifly the order. In some states you can cotact the court and is papers to file for your order to modifly the orignal and then fill them out and they will let you know when there is a court date. They also have the ex served. You will have to pay for the filing fee and the court fee but it is cheaper than an attorney. Keep in mind the the court house cannot give out legal advise. Just tell them what you want to do and they'll tell you how. Also remmber that there is attorneys that will give you a free consutaion and that can work for some good advice. Good luck

 

Answer 2 / 2

Submitted 49 days ago...

HouserRW

HouserRW

Contributor (84)

Make the mother do everything....you should not sign anything. You do not have to do anything until the judge tells you otherwise. Just show up to court when you are told to and do what you are told. Make her work for it. It is not as easy as your daughter changing her mind. There still has to be a gal involved...Costly .... $10,000.00+. If she owes you back support that looks really bad. She will owe you the money even if you give her to her. Though they won't attempt to collect..it will pretty much go dead and you will owe. Good luck. Don't sign anything.

 
 

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