If I stopped paying child support because my children have been living with me a majority of the time, could I possibly be made to pay back child support?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I stopped paying child support because my children have been living with me a majority of the time, could I possibly be made to pay back child support?

Asked on December 5, 2011 under Family Law, Tennessee

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you forsubmitting your question regarding failure to pay child support because your children have remained in your custody.  The laws governing the penalties for failure to pay child support are governed by each individual state, but the failure to pay child support can also be a federal offense in some cases.  However, the court will not penalize an individual for failure to pay child support, without hearing the parent’s justification for why the support was not paid.  Often the courts are very strict with parents regarding child support orders.  However, the reasoning behind the court’s conservative view on this matter is that the courts want to protect the best interests of the children involved in child custody and support issues. 

It appears that your defense for failure to make child support payments is that you were taking care of your children in your custody.  The court would likely agree that you should not be paying money to someone else for the support of your children, if you are financially responsible for the children when they are in your custody.  However, in order to avoid further legal complications with the court, if your child custody arrangement has changed, and this in turn has affected your court-ordered child support payments, then the court needs to be informed about these changes. 

If you have any changes needed to your current child custody agreements and child support orders, then you should petition the court for a modification of these orders.  If you need assistance with the petitions for modification, you can contact a family law attorney in your area for guidance in this matter.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption