Q: I started off 9000 in the hole but they say it's not back support. I've never missed a payment. Is this legal?
My childs mom filled on me so I got a lawyer, we had a court date and she didn't appear in court because she went on a family vacation so I was awarded temporary custody and child support which she never payed. The still gave her another chance to come to court again and said she can get another hearing. We went thru a custody battle and of course they awarded her custody and ordered me to pay. Now they said she not awarded back pay and every since they started taking payments out my check I've never been late, but I'm started off a negative 9,000 because they said they're going back to the date she filled. My question is, is that legal and how? I had custody and never received a single payment but I'm in the negative.
A: Normally they would go back to the day she filed but what is determinative is who had the child during what period and you should have received credit for the time you had custody and for what she was ordered to pay you and didn't. You need to see a family law attorney that handles child support cases.
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