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Child Support

Stepmom23's picture
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I think I will probably have to contact a lawyer about this, but BM got custody of SS16 and even though we still have custody of SD9 and SD14, we have been ordered to pay CS as of 12-1. But BM is in arrears of a lot of money, can we just withhold CS until her arrears are paid off, or will the court start a file on DH for arrears?

StickAFork's picture

The court would start a file on arrears. If there was to be an offset, the judge would have ordered it so.
Y'all got screwed.

Stepmom23's picture

No kidding, I don't think the judge listened to a damn thing said during court. We will be going back to court for CS anyway soon cause I am expecting.

SanAntonioSoccerMom's picture

It really depends on how your state handles child support. If CS is ordered for the child, I am not sure you can withhold money to her due to her arrearages as that is not "in the best interest" of the 16 year old. Judges don't necessarily offset everything owed.

If you pay her directly you could test your luck and withhold it and see if she takes you to court over it, then you could counter contempt on her.

Bottom line, ask a lawyer. What state are you in?

Stepmom23's picture

In Wyoming... having to go after her in court of the money she owes is going to basically offset a lawyer out here. But I will have DH contact one on Friday when he has some time off.