Q: If physical custody of a child changes to a parent who owes back child support what happens?
Mother and father had joint custody. Then Child went to live with father for 5 years and mom ordered to pay. Then dad changes his mind and gives custody of kid to mom for 5 yrs and he pays no support to mother during this time. Now mother has warrant for back nonsupport and has had physical custody of 18 yr old for 5 yrs has medical problems and can't work.
A: If there was an order for child support in place, and the child support is more than 30 days past due, the order to pay that support is a final order and the court cannot relieve the parent ordered to pay the support -- even if the Court wanted to. (This is a jurisdictional question Osborne v. Osborne 326 So. 2d 766 and the cases following it). The practical solution is to convince the Court to allow her to start paying something on the past due support -- in an amount she can afford and in an amount that will keep her out of jail. Bottom line -- the final judgment against her for past due support cannot be changed or modified.
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