Complicated Child Support Situation

by Tina Smith
(Mississippi)

My ex husband and I were married for 29 yrs then divorced. we live next door to his parents which I call mom and dad as well because they have practically raised me too, and I am still very close to them and see them and talk to them every day. We have two children one is 22 and the other is 16.


When we went to the attorney to get divorced we agreed that I would not receive child support because of the fact that we live next door to each other and see each other every day, when we went to court the judge over ruled the attorneys decision and my ex husband had to pay child support. I tried to explain to him that it was a MS state law that he would have to pay regardless but he didn't believe me.

We're still friends and get along good with each other but he still complains about having to pay so now he is wanting to take me back to court and have primary physical custody taken from me and giving it to him. we divorced in June child support didn't start til Oct. so that he could get on his feet. He moved in with his parents (next door) and just before the child support was to start he had our son to move in there as well.

He takes the money and pays it to the court, they send me a check,I sign it and give it right back to him, but he still isn't happy, he doesn't want to pay it at all or the additional fee they charge him for filing fees. Our son will be 17 in April and only has one more year until the child support stops any way.

I am on disability and that's all I have and can barely make ends meet for me and our 22 yr old daughter.

Our son is technically living with his grand parents where it's stable surroundings for him, his dad just happens to live there too,therefore the son lives with his father, but I still do everything for him like dr. appointments., picking him up after school, helping out at school functions,taking him to the doctor,etc.

Even though my son is living at his grandparents with his dad can he get out of paying child support? I want to know what I'm up against before I walk in to the attorneys tomorrow.

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