I have been served with back child support for 46000 - the child has lived with me alot of this time - the mom was ok with that - now she is mad - the child turns 14 next month and she wants to tell the court in Ga that she wants to live with me so her mother has all of a sudden decided to put me in jail I do not have the money to obtain a lawyer - how do I prove I have supported her with her mothers permission?
2 Answers from Attorneys
If there was an order in place that stated you were to pay child support to the mother, this order remains in place unless you file a petition to modify it. Since you did not do that it was your responsibility to pay the court ordered child support even if the child was living with you some of the time. If your 14 year old is now electing to live with you, you need to file for a modification of custody and child support. I would strongly advise hiring an attorney to do this for you and to deal with the child support arrearage issue as well.
You made an awful and unfixable mistake. You cannot change custody and support by agreement, so you owe her for every day the child was with you. You do need to hire a lawyer to change custody now so the amount doesn't keep growing. A creative lawyer might get a judge to offset some of your obligation against what she will owe you in the future. But you cannot fix the past mistake.