Custody the last 3 months but owe child support??

[Davis1]

What is the name of your state?Missouri
My ex and I had our custody modification go to trial in July. A judgment was issued in my ex's favor but under what my attorney and I feel were unreasonable circumstances so we filed a motion reconsider /new trial. The hearing was yesterday and our motion denied. The judgment stated I had to pay child support prior to the initial judgment being final and we argued against that. Our child has still been in my custody this whole time but now that we've lost this battle he will go live with my ex starting tomorrow. How can I owe child support before he's out of my custody and the judgement was stayed?

 

[Just Blue]

What is the name of your state?Missouri
My ex and I had our custody modification go to trial in July. A judgment was issued in my ex's favor but under what my attorney and I feel were unreasonable circumstances so we filed a motion reconsider /new trial. The hearing was yesterday and our motion denied. The judgment stated I had to pay child support prior to the initial judgment being final and we argued against that. Our child has still been in my custody this whole time but now that we've lost this battle he will go live with my ex starting tomorrow. How can I owe child support before he's out of my custody and the judgement was stayed?

Did you ask your attorney, who has all the facts of the case, this question?

 

[Davis1]

Yes, and he's trying to figure this out at well. He disagreed with it and was working on an appeal and a few other things including child support. I was simply looking for another opinion

 

[AlmostThere]

I think we may need more information.

• Was there a prior order issued before the one reaffirmed yesterday? If so, when was it, issued, and what did say about child custody and child support?
• When and how did the child enter your custody?
• When was the case initially filed?

 

[Davis1]

To clarify, I've had some physical custody of our child since we divorced in Illinois in 2017. My ex has had a consistent child support order since as I was the custodial parent. My ex filed this motion for modification, which was granted in his favor, even though it contradicts the judge's own findings. That's actually very important. I personally have never been ordered to pay child support and our child has never left my primary custody but will tomorrow, for the first time in his life. My ex will then have primary custody. This order was issued in July, stayed before it finalized in August which granted me another 90days up until our motion was decided. Now that it has been decided, the order is final. But why should it be retroactive when our child has been with me?

 

[adjusterjack]

Paying the three months is probably cheaper than what the attorney is charging.

Is this the hill you want to die on?

 

[Davis1]

The hill I absolutely WILL die on is the one where I get my child back because none of this is right. You don’t know the full story and I’m not going to give the details. You have the facts needed to provide an answer. There is clearly a reason I’m asking this question. The cost of something unjust could mean forfeiting my ability to file an appeal.