If a father is behind thousands of dollars in child support and gains custody of the child and then sues the mother for child support; does the judege look at the fact that the man was behind in child support and perhaps reduce the money the mother will pay based on the fact that he didn't?

It sounds like a complicated question. I don't know what the answer is or have never heard how things like your situation has gotten resolved before.

I just wanted to post here and let you know I read it and wish you the best.

Please update later and let me know what you find out. I'm curious

Me too, I'd like to hear the outcome of this...
I've heard a similar story but it doesn't sound like the same amounts of money involved. They set up the new NCP with support per the regular formula and then reduced it by a small amount that would eventually pay off the past due balance that way.....but it was only about a grand if I remember correctly and a few hundred dollar support payment was only lowered by about $25 a month....
Best bet is talk to your local child support agency since these things can also vary by state.....and please let us know what was said.

Wow! How did that happen?!
I would assume the court would look down upon the fact that the dad is behind so much. Depending on the state, depends on the consequences the father will suffer. My old home state of WA they get their driver's license taken away and I believe they serve jail time as well. I certainly hope that this lack of him paying child support has been reported....

I would think that would factor in, but am not sure. You should definitely call your child support agency or an attorney. Let us know how things work out.

quote:

Originally posted by 2precious1s:
If a father is behind thousands of dollars in child support and gains custody of the child and then sues the mother for child support; does the judege look at the fact that the man was behind in child support and perhaps reduce the money the mother will pay based on the fact that he didn't?

It's a possibility. The father still legally owes the arrearages amt to the mother regardless of his new custodial status.

It didn't happen to me actually but happened to a another lady I knew. I don't know what happened because she dropped off the radar. Her ex husband went a got an expensive lawyer and won custody. She did not have that much money. But this is a total injustice so I was wondering could that happen to anyone. It's really scary.

I think what happens is he technically owes her the back child support. And she will have to pay starting from now. Cs sucks. Before my oldest daughter was born I was in construction making davis bacon wages. Well when child support got involved I was working at Carquest making 10 an hour. Well they took her word on it and I was paying 1300 a month. Then I go in to question them and they told me they guessed at what I was making. WTH!!! I had to go to SS, IRS, etc etc to get all my proof of what I was making to get it adjusted. They ended up sending me a 5600 dollar check on what I overpaid. I almost kept it because I wasnt sure how many dads got a check like that lol. But it was alot of money so I cashed it. Wow back on track. Didnt mean to take over its just the coffee is kicking in lol