[Jilldalil]

I am asking this on behalf of my friend in a big dispute right now. We live in Iowa. She used to joint custody of her children (although the exhusband never saw them at all). She worked full time in lending for years. She remarried. She had more children with her new spouse so in 2006 she quit her job to stay home with all the children. Her exhusband was ordered to pay child support on the children but never did. Now, he is going for full custody and has petitioned for her to pay child support based off what she made prior to quitting in 2006. She is not going to go back to work because she still has little ones at home. How is child support when a spouse has quit and years after the spouse quits custody changes hands?

[ScottGem]

First, she needs to see if the issue of custody changes. I don't see what grounds the father has for changing custody. After so many years of not having contact and not paying support, its not likely that he will get primary custody. And if he doesn't the support issue becomes moot.

In the unlikely event that he gets custody, support will be calculated on her current earnings, not past earnings.

But she NEEDS an attorney to represent her. Most likely he has one and if she doesn't his chances increase greatly.

[N0help4u]

I am not sure what you mean by your last sentence but he can file for custody but the court will see that he is just doing it so that he can get out of any further child support. With his not being a part of their life all this time with visitations the Judge will see that he neglected his visitations and that would weigh heavy against him.
He would have to PROVE that she is an unfit mother before he could get anywhere.

**I agree with Scott too.

[stinawords]

I too don't see him gaining full custody. However, she does need a lawyer because I would guess he already has one and if she dosen't then she is at a huge disadvantage (even if he hasn't been using his visitation rights). Support would not change unless custody did and it would start with erasing any past due amount to her so if he is waaaay behind then even if the judge did allow him full custody with support she wouldn't have to pay for a while. If she hasn't been working then the minimum would be awarde to him (the miminum is very low) something that if she did loose her husband might be willing to pay or she could work like babysitting to get the money to cover.

[cjonline]

What are his grounds for changing custody? When you file for a change (be it custody or support) you have to list why or the reasons for the change. Then you have to prove the charges or the reasons are true and it is in the best interest of the child to change homes.

They need an attorney for this. Remember to ask for attorney fees in the counter answers you give the court. If what they say isn't true and mom is taken to court over "nothing" then the judge might give all the attorney fees.

Legal custody and physical custody are sometimes different. Like they can both have joint legal custody but physical custody is with mom... meaning mom has the child(ren) for more than half the year but both parents have the right to say how things are done with the child.

Let us know what the court papers say, the reason they want a custody change, and we can help better.