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
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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