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Child Support

Does non-payment of child support help the custodial parent retain custody if the non-paying parent tries to gain primary custody in court?

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2015-07-15 21:37:43
2015-07-15 21:37:43

This often happens when one ex is angry with the other and it's not about the children at all, but a control issue. Your ex wants to hurt you and the best way to do that is through the children. If he is not paying child support and you have records, then yes, you can go to court and win. He's blowing wind up his kilt if he thinks he can win this one! Go for it!

Good luck Marcy

Thanks for the reply and support Marcy. I would like to clarify, not that it is a big deal other than it may give support to others, that I'm a single father and have primary custody. My ex-wife is ordered to pay child support ($650/month) and she currently owes over $10,000. The money is not near as important to me as keeping primary custody of the kids. I would rather her not pay if it helps my case in court, in the event she tried to get primary custody. I have been told that she can�t even take me to court if she owes child support but that is not true.

She can file for custodial rights. However the judge is going to want a very good explanation and proof of why she has defaulted on her support obligations. order. It is possible depending on circumstances, she can be held in contempt for non compliance to a court order. The possiblility of her receiving custody is not likely, unless the court receives substantial proof that the well-being of the child/children is in jeopardy.

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