[notadeadbeat]

I was given primary custody of my 2 children while my ex was moving away. She moved and went on welfare and then Orange county child support came after me because she lied and stated she had kids. They are garnishing my wages even though I had a court ordered parent plan stating I was primary parent while she would get kids on weekends. All the attorneys/clerks indicate I am getting screwed. I was told there was a case law regarding not paying child support while I had the kids for that time. I wasn't paying her support while I had them and incurred all the costs. There has to be some case law about zero arrears for children while I had them. Someone please help because I am not a deadbeat dad.

[cdad]

Did you go to court and have it changed?

[ScottGem]

Was there a court hearing? If not, then you file a temporary injunction against the garnishment from child support. You then follow that up with a motion to stop the support permanently on the grounds that you have had primary custody.

[Fr_Chuck]

You said you were "given" primary custody, who gave you this, did you go to court and the court give you custody.

If you did, then the court should have given you a new child support agreement.

Unless the court gave you custody, and modified the old child support agreement, the old agreement was and is still valid.

Merely having the kids at your home, even if other parent allows it, does not give you custody, it only gives you possession of them physical not legal custody.

There are 1000's of cases of one parent having the kids and still paying support because they did not go to court and change the child custody agreement.

So come back and give us a lot more details

[notadeadbeat]

Yes I did go to court earlier this year and judge was concerned about my ex being homeless and not meeting a residency requirement. She awarded me primary custody and our parent plan through mediation gave her weekends to drive up from Orange county which she didn't come up every weekend. I asked the judge if I still pay support and she told me to fill out paperwork. I did but it kept getting kicked back to me and placed in will call from improperly filling it out. I only just recently filled out right paperwork because out of the blue my wages were being garnished! We just went back to court 5 days ago and judge stated she didn't know the law on this and would get back to me. I told the judge what she mentioned earlier this year about filling out paperwork and she denied it! I have been in contact with orange support services and they put arrears on hold because they assumed judge was simply going to give me an order and this would be done. Not the case! I now filled out same court paperwork and am trying to get orange county judge to hear my case and understand that I shouldn't have paid support during the 4 months I had custody. My ex was the one that applied for welfare fraud and they are going through child support to have me pay it back. Someone mentioned there is a case law supporting my end stating I owe zero arrears. Im telling you I am getting screwed!

[ScottGem]

You made mistakes in not getting the support ordered changed. So you have to get that done and hopefully make it retroactive the date you were awarded primary custody.

Once you get the court to issue the order you can deal with the support garnishment.