Custodial parent for child support purposes only question
4 attorney answers
His request for child support will be retroactive only to the date on which he filed his petition. If he is earning more money than you, he will not be deemed the custodial parent for child support purposes. However, if you do not file a counter-petition, the court may not award you child support. You should seek local counsel and file a petition for child support. If he is earning more money than you, you should be awarded child support.
Based on the facts you present, with everything being equal, since you are the less monied parent, YOU should now be the custodial parent for child support purposes. However, as my colleague suggested, you should consult with an experienced family law attorney to discuss your situation and review all prior orders and the new petition. Good luck.
This is an interesting issue. As you may know, in situations of shared physical custody, the parent making less money is deemed custodial parent for support purposes. If he is making more than you, and it is shared custody, you may be entitled to child support. You should speak with an attorney who can more fully examine an analyze your specific situation.
This information does not create an attorney client relationship. For more information please fee free to contact my office at 526-512-8300.
Whether he can successfully sue you for child support would depend upon what your custody court order actually says and what your current schedule is. If the other parent has more than 50% of the overnights, he most likely will be found to be the custodial parent. In that case it doesn't matter if he earns more than you. If you share residential custody 50/50, then the person earning more money pays child support to the other party. This only occurs in a 50/50 split.
You should retain an experienced child support attorney on your case to protect your interests.
Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.
Top Contributor 2022
Top Contributor 2021
Top Contributor 2020
Top Contributor 2019
Top Contributor 2015
Top Contributor 2014
Top Contributor 2013
Top Contributor 2012
Can’t find what you’re looking for?
Post a free question on our public forum.Ask a Question
- or -
Search for lawyers by reviews and ratings.Find a Lawyer