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Submitted 229 days ago...

knlroberts

knlroberts

New User (1)

Child support

Do I have to give up my child support when my daughter is visiting her father.? We have joint legal custody, but I am the primary parent.
My divorce papers clearly state that he has to pay me my child support, that I can take her anywhere as long as he knows. I am moving to Korea on military orders and he will not send me the authorization letter until I agree to give him the child support he pays me while she is there with him and he wants me to pay for half her ticket when she visits him from Korea. It clearly states the he is responsible for all expenses when she visits him.

 
 
 
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Answer 1 / 2

Submitted 229 days ago...

kbky11

kbky11

Brain (4,978)

No you dont have to give up child support , he pays unless a judge does this he still has to until he gets a judge to order him to stop paying, take him to court , you have a good case

 

Answer 2 / 2

Submitted 44 days ago...

tomturkey

tomturkey

Brain (2,862)

Well in most divorce cases it does state that you can take the child with you for a out of state visit as long as you give the other parent written notice,however usally it also states in divorce degree's that neither parent can move the child out of state without the consent of the other parent,you might want to double check what your divorce degree stipulates. It is wrong for him to black mail by telling you he won't sign giving you premission unless you drop the child support. He can't leagally just have the support dropped anyways,exspecially if it is already court ordered. He can file a motion with the court to modifly the orignal order,asking for custody and to ask for child support from you if the court will allow the custody to be changed to him,and his then would be dropped. The court may look at it as in the best interest of the child staying with the father in the states verses them going to a strange country. I am not saying this to hurt you but to help you understand the courts view point on your taking them to Korea. You can fight him in court if you have enought time,you might consider him keeping the child while your in Korea. He may not even file a motion. Just remember to do what is legal,anything you sign unless it has been approved by the court will not be legal,that means changing custody,or him trying to get you to drop child support. Consult with your attorney on base and they may be able to guide you. My son just went to Korea for three years and his wife got custody. Anyways what ever happens I wish you the best.

 
 

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