Q: can you be forced to pay back child support during the time when the child lived with you 100% of the time?
A:
You can. What should have happened is that if the order for support assumed that the child was not living with you 100%, then you should have gotten that order modified. The new order would have the child living with you 100% and the child support would probably have gone down.
In my experience (not exhaustive, by any means), judges generally don't care that the situation changed. If you didn't get your order modified, the order still applies even though it's wrong. If you can prove with absolute certainty that the child was indeed living with you 100% of the time, you might have some luck. In all honesty, I think the odds of that are pretty low.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
