Can You Modify a Child Support Order for Past Periods When a Child Lived With You

[Murph0228]

My question involves a child custody case from the State of: Florida

I was recently notified of a hearing for contempt for not paying ordered child support. They say I owe $72K and the order was made 6/1/2010. I have sent payments in over the years when I was able, but it wasn't consistent. There was a period of time when she kept him from me, for 7 years, with zero contact. She violated the custody agreement, and I unfortunately violated the child support order.

My son has lived with me as of March 2018. He also lived with me on a few occasions prior after she kept him away for 7 years because she couldn't handle him. The support order was never modified - big mistake, I know. Is it too late to modify to include the times when he lived with me in the prior years? My income has changed over the years as well and I was also in the hospital for some time.

How can I get credit for the time my son was with me and his mother didn't pay support? Surely I can't be held accountable for child support when he was in my custody? Can I open a child support case against his mother when there is an open case against me? How does that work? I do not have the abilty to pay all of this back support at the present time. I make enough to pay my bills and support my son in my care. Can the back support be forgive if she agrees to it? If I agree not to come after her for current support in exchange for her forgiving the past due support? I intend to file paperwork to change custody as well.

I am pretty lost here and have the best interest of my son in mind here. His mothers home is not safe due to domestic violence issues between her and her boyfriend. My son wants to live with me full time and does not want to return to her house. Please ask any questions, I'm sure I left something out somewhere. I am a bit overwhelmed at the moment.

[Mr. Knowitall]

Is there any chance that the mother will agree that the child lived with you during certain periods, and agree to waive child support for those periods?

Is any portion of the child support arrears owed to the state as compensation for public assistance received by the mother?

If you and mom both agree to correcting the support order based upon the child's actual living arrangement, and no part of the money is owed to the state, then there's a good chance that you can get the court to go along with a stipulated order that corrects your arrears. (If part of the money is owed to the state, mom can't do anything to waive the state's right to be repaid; she can still potentially waive her portion of the arrears.)

You should get your petition for modification of custody and support filed with the court -- or at least for modification of support -- as the general rule is that support will only be retroactively modified to the date of your petition.

[Murph0228]

Is there any chance that the mother will agree that the child lived with you during certain periods, and agree to waive child support for those periods? - Unsure, but I hope she will be reasonable and will realize that I don't have the ability to pay her $72k.

Is any portion of the child support arrears owed to the state as compensation for public assistance received by the mother? - No, all owed to her

If you and mom both agree to correcting the support order based upon the child's actual living arrangement, and no part of the money is owed to the state, then there's a good chance that you can get the court to go along with a stipulated order that corrects your arrears. (If part of the money is owed to the state, mom can't do anything to waive the state's right to be repaid; she can still potentially waive her portion of the arrears.)

You should get your petition for modification of custody and support filed with the court -- or at least for modification of support -- as the general rule is that support will only be retroactively modified to the date of your petition - I plan to bring a stack of paperwork and forms to the hearing on May 21st, including a custody form and child support modification. I'd like to submit the child support modification sooner but the court is in a different county and it is 3 hours away, so I can't just go there and take care of it. Unless there is another way. .

Thank you for the advice!

[Dogmatique]

You will not be able to modify the order to include periods where the child lived with you in the past. You will be able to get a new order going forward, though it will likely be offset to cover the 70k you didn't pay at first and if the child is going to age out before the 70k is repaid, you likely won't see a penny from Mom.

[Murph0228]

You will not be able to modify the order to include periods where the child lived with you in the past. You will be able to get a new order going forward, though it will likely be offset to cover the 70k you didn't pay at first and if the child is going to age out before the 70k is repaid, you likely won't see a penny from Mom.

That would actually be ok, I'm not looking to get a penny from her, just want to handle what I owe and get back on track. If it is offset to cover it then that works for me.