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prmom3 · Oct 27, 2009, 05:58 PM

Hello everyone,

I am new to this so pardon me if I don't express myself

Appropriately. I have 16 year old daughter who moved with her biological

Father recently. He has owed me child support for several years and is in arrears

For a large amount($50,000). I believe he is going to petition for custodial rights

And will probably try to seek child support. Will he be able to petition for child

Support even though he owes me child support from previous? Please help me

Figure this out!

Stressed in Florida!

Fr_Chuck · Oct 27, 2009, 06:18 PM

Yes of course he can if he is given custody. They court may allow it to be deducted from what he owes, or it may say you have to pay that amount and then merely still try to collect.

May I ask what you have done to collect, is his pay not garnished,

prmom3 · Oct 27, 2009, 06:29 PM

Thanks for answering!. yes. His pay was being garnished until she moved

With him. That was when he went to court to petition for custody. I just don't

How he can petition for child support if he is in arrears... Thanks for the advice!

stinawords · Oct 27, 2009, 06:41 PM

He can petition for child support because he is not supporting his child. However, as mentioned above and what I have known to happen in my state the amount awarded to him will simply be deducted off what he owes to you until it reaches a zero balance then you will have to start paying, if she isn't an adult by then.

ScottGem · Oct 27, 2009, 07:35 PM

Child support is supposed to go to the custodial parent to provide for the child's needs. Since he is the custodial parent he can certainly apply for support. If he gets support that does not in any way affect what he owes in arrears.

At the hearing, when he applies for support, you tell the court that you are perfectly willing to pay support, however you also expect him to the arrears he owes. Ask the court to reinstate the garnishment or to just deduct your support from what he owes.

prmom3 · Oct 27, 2009, 07:42 PM

Hi Scott!

Just a little FYI... he is NOT the custodia parent... he is applying for

Custody and probably he will apply for child support... wouldn't his arrears take

Precedence.

At the hearing(considering he is extremely in arrears and the amount would take

A considerable amount of time to pay back)? His payments were about $166.00 a

Week?

stinawords · Oct 27, 2009, 07:57 PM

No, his arrears would not teke precedence. The fact that the child lives with him is what is important the most important. Like I said, I wouldn't worry too much about having to pay a bunch of support you can ask the judge to reinstate the garnishment order so that you receive money and then you can turn around and pay it back to him so that you don't also go into arrears (I'm sure you don't want to do that) or it will be deducted from what he owes before you have to pay anything.

Fr_Chuck · Oct 27, 2009, 08:00 PM

He may and most likely will still be ordered to pay arrears, just no current payment.. He should still be paying until the court changes the order, I had my one son for 3 years before I got the actual order changed and had to pay support for 3 years on a child that was living with me.
*** courts can really drag some times.

But his arrears is one issue,

Where the chld is living and that custody is another, and his right to child support has no connection in it being ordered to his arrears ( except to show perhaps he is a bad parent to keep her from living there but that is even doubtful)

So he will be ordered to pay his arrears and you will be ordered to pay current payments for support according to the new order.

Most likely what you are to pay is merely deducted from what he owes but you can never be sure with jduges

ScottGem · Oct 28, 2009, 07:24 AM

As noted, his arrears will not take precedence. Again, support is paid to the custodial parent for care of the child.

I am curious how he got the garnishment stopped without a court order. Was there an emergency hearing?

But while the arrears won't take precedence, they will still have to be paid. The court will order some compromise that will include his paying the arrears.

prmom3 · Oct 28, 2009, 09:00 AM

Thanks for replying Scott!

From what I see, I believe he changed jobs(like he usually does!)

So payments have stopped... she moved in with him about a month and a half back

And I contacted child support after the payments stopped... they informed me that

He is petitioning for custody and I will have to wait until the hearing to review the case.

I just can't see how they would make ME pay when he has been neglecting to pay

For years... I'm not overly concerned being that she is 16 and she will be emancipated

Shortly... just trying to get an idea how I should present this when I go before the

Judge... you guys have been great with the advice and I can't thank you enough for

Giving a better insight into this intricate matter!. Thanks!!

ScottGem · Oct 28, 2009, 09:21 AM

As we've said, the two situations are different but entwined. If he gets custody then he is entitled to support. But that doesn't end his obligation to pay the arrears. So the most likely scenario is that whatever you are ordered to pay will be used to offset what he owes.

I am curious as to how she came to move in with him. She has no right to move out on you without your permission or until a court orders a change in custody. Until that time, you are the custodial parent and responsible for her.

stinawords · Oct 28, 2009, 09:56 AM

As much as you can't understand why you would have to pay support I can't understand how we can keep giving you the answer over and over and you still say the same thing. It is true that while she was living with you she could not just move with out your permission so I think there is more to this story than you are giving.

prmom3 · Oct 28, 2009, 06:55 PM

Hello once again,

She visits him during the summers and this summer she

Expressed her desire to live with her dad, so I agree to it( no complicated story!).

I was just trying to get insight on the child support issue I am going to go through.

I was not only looking to get opinions on how I would approach this at the time of

The hearing, but also see if anyone has experienced this to get as much insight as

Possible... There's the story!

JudyKayTee · Oct 28, 2009, 07:12 PM

Scottgem gave you the answer - he owes you child support up until the very day another Order is issued addressing child support. She lives with him now; he continues to owe you child support. The arrears will NEVER go away until they are paid.

If he seeks child support from you then you will get a Judgment against him for past child support and I believe he will get an Order that you have to pay him starting with the date he filed.

In some States arrearages are not offset by the amount owed - in other words, he still owes you and you don't subtract the arrearages from what you owe him.