Child support modification

[rockinsocks]

What is the name of your state? New Mexico.

My ex has been paying child support for the past five years. He recently got custody of two out of three of our children. He filed for support modification in june and has not paid anything since. There has been no court order to modify child support yet.(hearing set for february) Is he still supposed to be Paying child support until the court orders modification? Can I get support retro from June 2004? The way he got my kids is they proved that I am bi-polar and I am unable to hold a job. The daughter in my custody is 15 and my ex has raised her since she was a year old. He has even been paying child support for her until june. He decided he dosent want her anymore. SWhe legally has his name. (how do you do that) Now I am dealing with a lot of issues with her. It's all about the money!! He tried to reduce cs a year ago and the judge wouldnt let him. Well now he has found a way. Also his ex-wife is back in the picture and they never were able to have kids. SO GUESS WHO WANTS TO PLAY MAMA WITH MY LITTLE GIRLS.

 

[LdiJ]

What is the name of your state? New Mexico.

My ex has been paying child support for the past five years. He recently got custody of two out of three of our children. He filed for support modification in june and has not paid anything since. There has been no court order to modify child support yet.(hearing set for february) Is he still supposed to be Paying child support until the court orders modification? Can I get support retro from June 2004?

Technically he is still supposed to be paying. However its probably going to all come out in the wash.

He has custody of two kids, you have custody of one. That means that unless his income is significantly higher than yours, that you are going to be the one who is paying child support instead of him. Your support will be retroactive to the date that he filed...therefore any arrearages he owes you may be wiped out by the arrearages you will owe him.

Basically the court is going to calculate what you should be paying him for the two kids in his custody, and what he should be paying you for the one in your custody, and then whosever is higher will pay the difference to the other.