My daughters dad has not been in her life for the past 8 years but now that im trying to get child support, he is asking for full physical custody and have me pay him child support even though he makes more money than I do. can the judge allow him that request ?
1 Answer from Attorneys
Yes. The judge can order whatever the judge finds to be in the best interests of the minor child. And child support is based as much on custodial time as it is on income. So it is certainly possible for the lower earning parent to pay the higher earning parent child support if the lower earning parent has a small enough amount of custodial time that it offsets the income difference. On the other hand, the likelihood that a judge would suddenly order sole custody to a person who has had nothing to do with the child for 8 years is very very slim, and would require a showing that you have somehow become unfit to parent, or something. If he has an attorney, however, you could easily get railroaded. So do not, DO NOT, do this on your own if he has an attorney.