QUESTION
Can my husband get full custody and not pay child support if he was previously ordered to?
Asked on May 11th, 2013 on Family Law - Michigan
More details to this question:
My ex husband has filed a motion to get 100% custody and pay $0 child support. We just finished this process, and currently he is supposed to pay $1422 monthly child support and $750 monthly in arrears. He is behind in child support over $20,000, and now wants to modify visitation/custody, and support.
8 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I don't know. Are you doing drugs? Are you abusing the children? Do you bring a different man or woman home every night? Are you bi-polar and refuse to take your meds? Barring any of those things, I doubt that he will be able to get 100% custody. Even with some of those things he probably would not get 100% custody. This is something you need to discuss with your attorney.
Answered on May 16th, 2013 at 6:23 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you just finished the process the court will probably say no way to him. If he has a house file a lien. If he has a job do a wage withholding order.
Answered on May 16th, 2013 at 5:56 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He can change custody if there was a change of circumstance. That does not mean he'd get any more or much more time. See an attorney.
Answered on May 14th, 2013 at 12:42 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, he can only get a modification if there is a substantial change that warrants a modification. You should consult with and retain an attorney to assist you in protecting you and your children's rights.
Answered on May 14th, 2013 at 12:42 PM
Generally once custody and support are determined, making a change requires there be a reason to do so. A modification decision, like the original decision, will consider what is in the best interest of the child. Even if there is a sound reason to change custody, it won't impact the back child support, which will remain owed by the obligor. If your ex has retained counsel, you should as well. For that matter, you should retain counsel even if he has not.
Answered on May 14th, 2013 at 12:41 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If a change of custody is appropriate, the court will consider it, as well as a reduction of ongoing support to make sure it is a guideline order, however even if the court changes the order (probably unlikely), the arrears balance remains owed.
Answered on May 14th, 2013 at 12:41 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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He can request a change via motion but a change in custody is a big hurdle that requires a substantial change in circumstances affecting the welfare of the children. I would need more facts but it looks like he is filing to attempt to get out of his obligations. Competent counsel could argue for your fees for having to respond if this is a frivolous claim. I would certainly contact an attorney if he has filed a motion. You have 10 days to oppose.
Answered on May 14th, 2013 at 12:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan he can file such a motion but it is doubtful he will prevail. Additionally a change is future support obligations will not change his past due obligations. Get a good attorney and collect what is due you.
Answered on May 14th, 2013 at 12:40 PM