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Florida - Son lives with me now - I owe back support and have questions

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Murph0228

Member
What is the name of your state? Florida

I was recently notified of a hearing for contempt for not paying ordered child support. They say I owe $72K and the order was made 6/1/2010. I have sent payments in over the years when I was able, but it wasn't consistent. There was a period of time when she kept him from me, for 7 years, with zero contact. She violated the custody agreement, and I unfortunately violated the child support order.

My son has lived with me as of March 2018. He also lived with me on a few occasions prior after she kept him away for 7 years because she couldn't handle him. The support order was never modified - big mistake, I know. Is it too late to modify to include the times when he lived with me in the prior years? My income has changed over the years as well and I was also in the hospital for some time.

How can I get credit for the time my son was with me and his mother didn't pay support? Surely I can't be held accountable for child support when he was in my custody? Can I open a child support case against his mother when there is an open case against me? How does that work? I do not have the abilty to pay all of this back support at the present time. I make enough to pay my bills and support my son in my care. Can the back support be forgive if she agrees to it? If I agree not to come after her for current support in exchange for her forgiving the past due support? I intend to file paperwork to change custody as well.

I am pretty lost here and have the best interest of my son in mind here. His mothers home is not safe due to domestic violence issues between her and her boyfriend. My son wants to live with me full time and does not want to return to her house. Please ask any questions, I'm sure I left something out somewhere. I am a bit overwhelmed at the moment.
 


Zigner

Senior Member, Non-Attorney
One has to wonder if the child's life would have been different had the required support been paid for all that time.

You need to go back to court and ask for a modification. You may be able to have any payments she is order to pay just be used to reduce your obligation. E.g., instead of her paying you each month, your support would be credited by that amount each month.
 

Murph0228

Member
One also has to wonder if his life would have been different had his father been allowed to be a part of it for 7 years.

I will ask about a credit type situation, thank you.
 

stealth2

Under the Radar Member
Long story short - you are required to pay what you were ordered to pay. If you had the child and didn't file to modify support or custody? Too bad. Any change will be based on the filing date and won't credit you. Sorry.

What did you do to enforce your parenting time?
 

Zigner

Senior Member, Non-Attorney
One also has to wonder if his life would have been different had his father been allowed to be a part of it for 7 years.
They are separate matters, however, an extra $10k per year can help lift a person to a better place.

I will ask about a credit type situation, thank you.
You will need to go to court over this. You should probably retain an attorney. Best of luck, and you're welcome.
 

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