Q: My ex is trying to get a modification of child support claiming he had the kids exclusively which is a lie.
He had not seen my son in 14 months and before he left to go to Army my son stayed with him more often to mend things but not exclusively and now he hasnt seen our daughter in over a year and he is also claiming that he had her exclusively for a period of time which is a lie as well. He is trying to retro back his child support and claims we had a verbal agreement and we did not. I dont have an attorney he does and he is in rears 9 months on child support. We go to court because my son graduated boot camp in August and we need to modify for that . But he is lying about stuff and im not sure what i can do. There was never a parenting modification done or anything verbal between us.
A: THIS MAY BE A QUESTION OF FACT. WHO CAN PROVE WHO HAD THE CHILD(REN) WHEN. YOU MAY BE ABLE TO COLLECT THE PAST DUE SUPPORT IN THE MEANTIME. YOU SHOULD RETAIN AN ATTORNEY, ESPECIALLY SINCE HE HAS ONE.
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A: More information is needed to fully assess your situation. If kids are not with him he doesn't get child support moving forward and may owe child support going backwards. He might have a basis for retroactivity tied into your son and I do mean "might" only. You need to consult with a family law attorney. He does have things he would need to prove. If he has filed a motion you need to make sure to file your response on time.
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