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Custody
Children and the Law
Child Support

Can you get joint custody if you are not paid up on child support?


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2017-03-14 16:59:34
2017-03-14 16:59:34

Support and Custody are separate. So yes if you are behind on child support you can still petition the court for joint legal custody. You would need to show some significant change in circumstances from when the current custody order was entered. However, your failure to pay child support would not compel the judge to rule in your favor since you have shown yourself to be unreliable, irresponsible and in contempt of a court order.

You will have to explain your failure to pay court ordered child support to the judge. The amount you owe doesn't go away. Back child support can be taken out of your wages or out of your tax return.

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Of course not. Child support payments are paid over to the parent with legal physical custody.

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Child support is not paid to the child. It would be payable to the person who currently has legal custody of the child or to the State if the State has custody.

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No. If there's a court order against the father, which resulted in any kind of arrears, the father is still responsible for it. Arrears are paid and there's no statute of limitations on it, as well as, any support and/or custody modifications.

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Here their chances are very slim indeed as they have not paid up for the child's support, and they may do it again or have done it before that is why they did not get custody of the child from a previous marriage.


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