Q: If child isn't in guardians custody an there getting child support an the child isn't with them do they have to pay back
My mother had my son since Jan 2024 he's been back in my custody she won't give him his child support he's been getting will she have to pay that back when we go to modification court? It's been 6 months she's received 200 every two weeks since and hasn't given him any of it.
A:
If the obligor (the person ordered to pay child support) has filed a motion to modify child support against your mother, the court can retroactively modify the child support back to the date of filing of that motion as long as the obligor used due diligence to serve your mother in that modification proceeding. If the court orders a retroactive modification, your mother can be ordered to repay the obligor any child support she received during that period. Because the son is not the person who paid child support to your mother, he is not entitled to any repayment.
Because your son is now in your custody, you have the right to request child support from your son's other parent. If you have filed a motion to modify requesting child support, the court can order retroactive child support to be paid to you by your son's other parent back to the date of filing of that motion as long as you used due diligence to serve the other parent.
If both motions have been filed, it could be a wash if the other parent is the obligor who was ordered to pay your mother child support. The court could order your mother to repay that parent and then order than parent to pay you.
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