Non-custodial parent requesting child support from custodial parent

[krschick]

What is the name of your state (only U.S. law)? Missouri

My ex-husband is attempting to have his child support lowered (he is currently $16,500 in arrears). He is working and his pay is being garnished by the state. We have two children both live with me full-time and he has visitation every other weekend since our divorce in 2004. He has filed a motion with the court requesting child support from me. Is this normal and would a judge truly consider this?What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Missouri

My ex-husband is attempting to have his child support lowered (he is currently $16,500 in arrears). He is working and his pay is being garnished by the state. We have two children both live with me full-time and he has visitation every other weekend since our divorce in 2004. He has filed a motion with the court requesting child support from me. Is this normal and would a judge truly consider this?What is the name of your state (only U.S. law)?

It is possible in MO for the custodial parent to pay child support to the non-custodial parent. It's not easy and requires some very unusual circumstances (such as essentially no income for NCP, high income for CP and a significant time share. He may be claiming that he should be entitled to support - although you can run the numbers yourself:
Missouri Child Support Calculator - Form14

Unless there's something going on that you don't know about (maybe he lost his job?), it doesn't seem likely that he'd get anywhere.

Are you having the money collected by the state child support enforcement agency? If so, they should be able to handle this for you. If not, I would go talk to them to get their take on it.

 

[krschick]

It is possible in MO for the custodial parent to pay child support to the non-custodial parent. It's not easy and requires some very unusual circumstances (such as essentially no income for NCP, high income for CP and a significant time share. He may be claiming that he should be entitled to support - although you can run the numbers yourself:
Missouri Child Support Calculator - Form14

Unless there's something going on that you don't know about (maybe he lost his job?), it doesn't seem likely that he'd get anywhere.

Are you having the money collected by the state child support enforcement agency? If so, they should be able to handle this for you. If not, I would go talk to them to get their take on it.

Thanks! My attorney is having a difficult time understanding why this motion was filed (he knows my ex's attorney). He thinks that my ex is trying to play dirty. My ex will do practically anything not to pay child support or as he calls it, my truck payment. The sad thing is he uses my kids as pawns and tries to be their friend, not their father. It is exhausting trying to protect my children from his negativity!

 

[mistoffolees]

Thanks! My attorney is having a difficult time understanding why this motion was filed (he knows my ex's attorney). He thinks that my ex is trying to play dirty. My ex will do practically anything not to pay child support or as he calls it, my truck payment. The sad thing is he uses my kids as pawns and tries to be their friend, not their father. It is exhausting trying to protect my children from his negativity!

If you have an attorney, you have nothing to worry about. Child support is determined by statute, so it's not really open to interpretation. Dad my try to hide income, so your attorney may have to subpoena documents or cross-examine Dad pretty intensely, but, in the end, it is unlikely that Dad will be able to collect from you. If Dad quit his job, your attorney will need to ask the judge to impute Dad's income at whatever he earned at his last job.

And the fact that he's not paying what he owes, anyway, means that even if the court reduces it somewhat, you won't be getting any less. Your attorney should be filing for contempt if Dad is that far in arrears, though.

If Dad were playing really nasty, he'd be trying for custody. He doesn't have any grounds for that from what you've said, but people try to do that all the time.