Asked 11/28/2011
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Can I be sued for childsupport, my daugthers stepmother out of retaliation? My parents had legal custody of my child for 14 years, but I was there to help raise & support her I was investigated & approved to gain back legal custody of my child in June of 2010. Unfortunately I had a Traumatic Brain Injury April 2010. and aganist my wish my mother asked the Judge to give custody of my child to her dead beat father and his current wife, because I was no longer medically capable of taking care of my child. My childs father has never taken care of our daughter. this was the first time she see whould see him. He had is whole family and his wife believing she had been killed long ago, even though my daughter tried to connect with him 2 years prior. Anyways, My Work Comp checks have stopped. I have no money to send. I am still unable regular duty. My husband is our only source of income. So my mom has been sending money to help out. Well, it's been alittle over a year now. my child is 15yrs and they have had a new baby plus 2 boys, and now having problems with their rent, and called My Mother to ask her to help pay their rent... I kindly and respectfully asked them both not to do that again, and now the stepmother is threathing to sue me for childsupport. I have no problem taking care of my babygirl, I want her with me,but Even if a Judge ruled me as medically (mental & physical) unable to take care of her? I have filed disability, but all I can do is wait on that. |
Answer 1/6 - Submitted 11/28/2011
This is not retaliation, she's simply requesting what anyone who is raising a child has the right to expect: that both parents help financially to raise the child.
If your parental rights and responsibilities were already severed by the court, she can't ask you to pay child support, and that would have been adressed when her father was granted custody. If your responsibilities were not severed, her father has the right to request child support.
If and when you do get your SSDI, your minor child will qualify for a benefit as well, depending on how many credits/how much you earned while you were working. The child's benefit will be paid to the person caring for her and is usually in lieu of child support, but not always. Once again, this will only happen if this child is still your legal responsibility.
Answer 3/6 - Submitted 11/28/2011
Answer 4/6 - Submitted 11/28/2011
I'm not sure it's appropriate for her to call your mother to ask for support, but I don't think it's totally out of line for them to ask it of you. Since she is your daughter I believe there's an expectation (from courts) that you'll be responsible for part of her support and maintenance. However, if you have a husband at home who isn't incapacitated in any way, I'm not sure why your daughter can't stay with you as long as your husband's willing to help out. Of course, that would be sort of the reverese of the current scenario, and would entitle youto ask your daughter's father for support.
Answer 5/6 - Submitted 11/29/2011
I don't think anyone is understanding the question that I am asking....I didn't want to say all of this,but, my daughter had become unruley which is why my mother couldn't handle her anymore and due to Brain injury I could no longer walk amoungst other things on my own at the time.My mom didn't want my medical condition worsening trying to handle my daughter which is why the Judge removed legal responsilbility from me.. I have no problem with supporting my daughter, I have ALWAYS supported her, even for the past year that they have had custody of my daughter.. When I have the money I alway send it, they never have to ask me for it.. Well, anyway I have 15 years of documented proof that I have been taking care of my daughter, So I'm not worried. But I still believe it is out of retaliation, because I asked her to never ask my mother for help with her rent again. Thanks anyway!
Answer 6/6 - Submitted 11/29/2011
The stepmother has absolutely no rights at all. However, the father does have the right to ask you for support and then it would be up to the courts to determine if you need to pay support or not. Could this be retalilation? Yes it could be or it could be desparation. If they are having financial problems with paying rent then she may be looking for anyway to get the money. You cannot assume anything. You should talk with the Father of the child and leave the StepMother out of the conversation. If your Mother has the ability to help them out and wants to then it's up to you if you want her to or not. There is no reason for her to do this more than one time though. If your ex decides to take you to court for an order of support it would not be retroactive. Support starts on the day the court determines it should be paid. The good news is that the StepMother and your ex have no grounds to sue you for child support. The courts would not allow the case as this is all addressed in family court. As I stated before they can go to family court and ask for an order of support which would only begin on the date of the order. You would not have to pay any back support as that is not fair to you. The fact that you are disabled and having been providing support when you can will look favorably on you should they decide to take you to family court. However, the judge could decide that you should be making regular payments from your disability payments. Much depends on what was determined when custody was given to the Father. Best of luck to you.
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