Legal Question in Family Law in Hawaii

Still obligated to pay child support?

Is my ex-husband still required to pay child support even if we're still living together as a couple and he maintains the household?


Asked on 2/22/98, 4:50 pm

2 Answers from Attorneys

Still Required to Pay Child Support

The answer depends, at least in Maryland, as to whether there was a previous or existing court order for him to pay child support. Ifso, he's obligated to obey the order. At thesame time, he should or both of you should petition the court to amend the existingorder to reflect your changed circumstances.

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Answered on 2/23/98, 6:02 am
Barbara C. Johnson Law Office of Barbara C. Johnson

To whom is he paying child support?

Am I missing something? If your ex-husband ordered to pay for the support of the children of a previous wife or for the children of boh of you?If he has to support children from a previous marriage, they come first; that is, they have priority over the needs of his second family -- at least in Massachusetts.If there is an outstanding order to pay for the children of the union of the two of you, what's the problem. If he's maintaining the entire household, he is likely paying more than what was ordered. Also if you don't complain to the court, that is, go in with a complaint for contempt, no sweat. He should however make sure he has proof of what is going on, just in case he is severed from the household again.

IF IF IF IF, however, he had to send his child-support payment to the family-service office or to the dept of revenue, then, of course, he/you must notify that dept (either directly or indirectly through the court -- ask a local atty) so that that dept does not come after him for nonpayment of support . . . and so that any refund he is expecting from the IRS is not attached in an effort to reach payment of the "arrearages."Without more info as to how or to whom that support is to be paid, it is impossible to give you a good definitive and/or reliable answer. You must ask a local atty. Perhaps the court has some counsel on daily duty for those people who cannot afford private counsel. Your problem is not insurmountable. It's really a happy one.Continue working at it. Good luck!

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Answered on 2/23/98, 7:05 pm


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