Tampa, FL asked in Child Custody, Child Support and Family Law for Michigan

Q: I had full custody of my daughter I am giving full custody to her momShe owes me $4000 in back pay

Now I have to pay child support

How does that work

We have a hearing on august 15th

How can they make me pay child support when she owes me $4000 in back pay

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: There's some variables to consider here, but generally, the back pay (arrearages) do not go away; she would still owe you that amount. You would, however, have your own support obligation.

The reason being is that child support is intended to be contemporary, reflecting what is actually going on at the time. The child was living with you, and because of that, her child support obligation was intended to offset the cost of support during that time. Just because custody is changing now does not mean that the child was not deserving of support then.

Again, many variables to consider. It's possible to reach an amicable settlement that makes everything more mathematically square.

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