I need CS experiences
We are in a frustrating situation, and I'm trying to see if there's any way out of it.
Husband and BM have had equal (50/50) custody of SD since she was 2. No CS because equal custody and equal incomes. Only lived 5 miles apat. When SD was 11, BM moved an hour away (within state). SD came to live with us the majority of the time (about 70 percent). Husband and BM went through mediation to arrive at this arrangement, but BM wouldn't sign the paperwork so it was never filed with the courts.
Four years later, SD15 is about to go live with BM. As soon as this became an option, BM filed for CS. Now, husband says we will have to pay CS, but we won't get any for the four years we had custody of SD.
I think this is so unfair, and I don't know if there is anything we can do. We have a lawyer, and it seems that there's some sort of window of opportunity for filing for CS and husband missed it. So we won't get anything for four years but will have to pay BM from now on! I'm so frustrated because BM did almost nothing for SD for the years we had her, so we covered all the expenses.
Has anyone else experienced this? I thought, at a minimum, we should get credit for the four years without CS that we could apply to the future CS obligation. Seems even that is not going to happen.
You snooze, you lose.
I'm sorry, but you know what they say... nice guys finish last.
♥ Georgia ♥
"Good men don't just happen. They have to be created by us women." (from ROSEANNE)
im not a lawyer
but that doesnt seem rite...as long as u can prove she lived w u then i think u would be owed. window of opportunity doesnt make sense bc say i had a baby but didnt ask for CS...5 yrs later if i change my mind i think the dad would owe me...no? just bc no one files fo rit doesnt relieve them of the obligation, i wouldnt think.
I agree with Georgia
Your DH should have insisted it be filed with the courts. It is way too late to do anything about it now. The court will say BM has every right to petition for CS and she will get it.
That's what happens to the dads who have custody. They don't file for CS because they are trying to be "nice" or trying not to rock the boat. They end up getting screwed out of the support they rightfully deserve. Then when custody switches, the BMs go after support and sometimes are awarded exhorbitant amounts.
Unfortunately you will just have to suck it up and drive on.