My son, who is 14 years old now, was 3 years old when my girlfriend and I separated. We never went through the courts for custody or child support. I have paid $100 PER WEEK in child support that is NOT court ordered. If we ever do go through the court system for custody and child support, will they try to charge me with back pay for child support (even though I've been paying over the years through direct deposit and bank transfers into her bank account), or will the court ordered child support just begin from the moment of court filings? Also, if we do go through the courts some day for custody for him to live with me, is there a way to file for her to not have to pay for child support (she is a stay-at-home mom of a 3 year old, and I don't want her to have to pay child support, as it will not be necessary for my son's well being)? Thank you.
1 Answer from Attorneys
You will be liable for two years of back support less the amount you've been paying. Since you've been paying $433 per month on one child, you may not owe any back support, anyway. You may have even overpaid, but you didn't give enough information for me to know.
If you get custody, child support can't be waived, but nothing says you can't just give her the money back.