Q: Custody change and back due child support.
If I owe and am paying on back due child support, but custody is modified and I am now the primary caregiver and am awarded child support by the other party, does the child support I am to receive have to go towards my back child support?
A: Custody and Support while are often connected are technically separate items. In most cases the Child Support is also modified at the time of the custody modification (assuming that was done through the court and not merely by agreement). If you did not do the modification through the court, then you should get an attorney to assist you in getting this done properly, because otherwise there is nothing to enforce for the custody arrangement. Also, you can request a child support modification independently of the child custody modification, but you would be best to get an attorney to assist you in the process. As far as back child support, you will most likely still have to make good on that because that is for monies spent in the past on your childs raising, therefore there would be two orders one for your past support and one for the new support, even though they may cancel each other out. You need to seek counsel for specifics in your case because each case has its own set of specifics.
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