I am giving full custody of my 12 yr old daughter to her father. He currently owes $10K in back child support. Is this a factor in the amount of child support I will be paying?
Any arrearage will be taken into account.
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Any arrears owed to you should be taken into account when calculating your new child support order. What is likely to happen is that you will determine a new child support amount for you to pay your daughter's father. Then you will receive a credit on the weekly payments until you have reached the $10,000 that Father owes you. If you have not filed a Complaint for Contempt for the past due child support, you should do so, in order to ensure that the issue is properly addressed with the court and consolidated into the modification action. Good luck.
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The Court will calculate what you owe going forward using current income figures and using the Guidelines. Then you should be given a credit against the amount you owe. It would not be a dollar for dollar credit meaning that you will still probably be ordered to pay some amount weekly,probably 50-75% of the new order.
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