Atlanta, GA asked in Child Custody and Child Support for Mississippi

Q: I have full custody of my daughter and now she wants to live with my mother

I have been to court with her biological father 4 times he has never been on thebirth certificate And we are waiting on the district attorney To pick up a felony charge for the $43000 back child support he owes now at 7 the child wants to live with my mom Does that mean at that point that my mom is owed the back support and the current child support

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1 Lawyer Answer
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
  • Divorce Lawyer
  • Olive Branch, MS
  • Licensed in Mississippi

A: Once the back support becomes due, it is vested. It cannot be forgiven or waived. You would still be entitled to the back support if he was ordered to pay you in the court order. If you allow your child to live with your mother, she should receive it because you would no longer have the child and and would no longer be responsible for her daily maintenance. However, the original court order would need to be modified to order him to pay the support to your mother, which can be done in the paperwork necessary to allow transfer of custody to your mother. Keep in mind that the court can also order you to pay support to your mother for your daughter’s care, as well.

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