Custodial Parent for Child Support Purposes
Ex is Reconsidering Custodial Parent for Child Support Purposes
My ex-husband and I share joint legal and physical custody of our children up until three years ago he paid child support because he made more money. Then he had a change in circumstance we went to court and a great and no child support the support magistrate named him custodial parent for child support purposes only and no child support was exchanged. Now my ex-husband is taking me back to child support court trying to get money from me because he says he is the custodial parent. Which that was only for child support purposes. Our legal agreement is joint physical and joint legal custody per our divorce order. What are my rights? He makes $40,000 more a year than I do.
His request for child support will be retroactive only to the date on which he filed his petition. If he is earning more money than you, he will not be deemed the custodial parent for child support purposes. However, if you do not file a counter-petition, the court may not award you child support. You should seek local counsel and file a petition for child support. If he is earning more money than you, you should be awarded child support.