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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102319
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I sent my son to live with s dad 3yrs ago as a trial

Customer Question

I sent my son to live with his dad 3yrs ago as a trial basis(he skipped school once but was becoming defiant) I still receive child support but payed for my sons clothes, school lunch and whatever he asked for over the years- I stopped last year when he was getting into a lot of trouble living with his dad. His dad has now filed for custody and child support credit for the past three years- will I have to pay back the past three years?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.

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The onus was on dad to file to formally stop child support since he had (informal) custody. Since he did not, child support continued and he paid it even if the child lived with him.

At this point, the Court has discretion whether to grant credit for all the time that the child had lived with him, or, partial time, or, none at all. Most likely if the Judge does indeed grant credit to him, it would not be an immediate "lump sum" and be calculated into regular child support piecemeal.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

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