Teenager wants to live with dad. Will I have to pay child support?

[Shelgolde]

Jurisdiction

Colorado

I have a 16 year old son who wants to live with his dad full time. I was ordered to receive child support but my ex hasn't paid in years because our son lives with him. My ex now wants to take me to court for back child support just to be mean. We live in the same subdivision and I see my son daily, just no over nights. My son didn't want to go back and forth between the two homes. We both pay our share when it comes to our son's needs. My ex told me that he has 3 years of receipts to go after me with. Is this even legal? I guess I could tell the courts that he hasn't paid me child support owed? I've never gone after him because our son was living with him.

 

[army judge]

Is this even legal?

Any adult is allowed to go to court and litigate matters in dispute.

Its not a question of legality, it has to do with ability.

I guess I could tell the courts that he hasn't paid me child support owed?

You can defend by saying he hasn't paid child support.

However, the child resides with dad.

According to you, the child has lived with dad for years.

The court will hear both sides, look at your proof, and decide.

Your problem is you went along with allowing the kid to live with dad.

Dad snookered you by convincing you to do that.

Generally in cases such as yours, the court will give dad an offset for ALL of the years the boy lived at dad's house.

You, on the other hand, could wind up owing dad a ton of money.

Beyond the money at issue, is continuity of care for the child's welfare.

As long as Junior is happy, adjusted, in school, the court will likely upset Junior's cozy world.

Translation: Junie will continue to reside with Dad, an offset will be allowed for child support allegedly owed by Dad, and Mom will be stuck without primary custody; along with a hefty child support award for all those years continuing until Junior's 18th birthday.

I suggest you discuss all of this with a lawyer ASAP.

You might want to work towards mitigating your damages.