Voulntary Child Support?

iVillage Member
Registered: 12-16-2004
Voulntary Child Support?
6
Wed, 09-05-2007 - 9:21am
He's insane. He's telling me I can't come after him for back child support because he entered into it voluntarily. the voluntary part was that it'd be taken out of his pay check. he's trying to tell me that because we never went in front of a judge to finalize our divorce, that he doesn't have to pay child support. using that logic, we're not divorced because we never went in front of a judge ... but come on, is there even such a thing as voluntary child support once you're divorced? he's also telling me that he's going to get my parents kicked out of the circus tonight because he's working security there and he'll tell someone that they're causing a disturbance and get them kicked out .. he's mad that I'm going with my family (who apparently are not our sons family). the insanity has GOT to stop at some point.
iVillage Member
Registered: 11-25-2003
Wed, 09-05-2007 - 11:55am

HI there klo,

Okay, ex-h sounds like a nutcase.

As to the circus, perhaps he has some evolved telepathic interface with the other circus carnies, and dominion over caged animals?

As to the child support -- some men will be generous to their kids, so voluntary child support can and does happen.

In your case, I am confused -- are you actually divorced? Child support can be implemented prior to divorce, as in temporary orders. However, in my state, Ohio, divorces have timeframes (not to exceed two years from the date of filing). So if you are in the process of filing for a divorce, and you have temporary orders, and the timeframes have expired, its possible he has recourse to terminate child support payments. All of these things would require a trip to the judge or magistrate (depending on who does what in a legal sense in your area).

Good luck. And stay away from zebras, they are especially susceptable to carnie telepathic powers.

iVillage Member
Registered: 12-16-2004
Wed, 09-05-2007 - 1:45pm
we are actually divorced, and in the paperwork it does state that he's to pay X amount in child support per month. I think he got the "voluntary" part because he signed the paperwork to have it taken out of his paycheck which is called some kind of voluntary something. But in his mind, we didn't go before a judge, so therefore he couldn't possibly be required to pay anything by law. he just makes me mad.
iVillage Member
Registered: 11-25-2003
Wed, 09-05-2007 - 2:43pm
He's going to get a chance to "voluntarily" go to jail for contempt of court when he stops paying child support!
iVillage Member
Registered: 12-16-2004
Wed, 09-05-2007 - 4:33pm
Oh goodness gracious. He left a message on my voice mail that this is THE LAST time he'll "allow" me to have him out past 8, since that's his bed time and I make a big deal about that being his bedtime. It's not like I have him out past 8 on a regular basis ... and last time I checked, I have sole physical custody, so I'm the one in charge of making those decesions and if I want to have him out past 8, I'm allowed to do that. I ignored his phone call, which is why he left the message, but geeze i'm tired of it all. tired of him thinking that I have no power he thinks because we have joint legal custody he has all the say in the world about what goes on.
iVillage Member
Registered: 10-09-2003
Wed, 09-05-2007 - 8:39pm
A judge actually signed your decree, right? Why wouldn't he see that as a court order to pay child support. Poor guy is grasping at straws. I would pick my battles on the 8 pm curfew. It seems reasonable, and maybe if you agree that its reasonable it will calm him down a bit. He sounds a bit desperate...

Katy

iVillage Member
Registered: 12-16-2004
Thu, 09-06-2007 - 8:31am

I'm usually a big stickler for the 8pm curfew, but the circus last night was a one time thing. well maybe not one time, but at least once a year.

And I don't know why he doesn't see the divorce decree as having to pay child support, he says it's because we actually didn't stand in front of a judge ... but seriously, using that logic, then we're not really divorced.

He's just crazy. one minute he's telling me he has a buddy who just graduated law school and who works at the courthouse who will work for him for free, and then he's telling me that his whole family wants him to take me back to court and his mom is willing to pay his costs .. he also tells me that amazingly just yesterday he got a letter from the attorney who represented him in our divorce (3 years ago), telling him he still has a $800 credit with him. he really is grasping at straws. . . and it's making me insane.