Mother loses custody, does father still pay back-pay?

[pcantrell89]

Hello,

My current boyfriend of two years, has a child with an ex. This mother has had her kids taken away from her and put into foster care recently. My boyfriend owes about $4k in back pay due to the court taking a while to determine his monthly payment plan when the child was born. He goes to court on Monday to fight for full custody so that the child can have a better life with us and not be in foster care. My question is... He owes $4k in back pay, does he still have to pay this amount if he is granted full custody?

 

[mightymoose]

That is a question for the court to decide. He owes the money until the court says he doesn't.

He likely will still owe something because the ex had an extra share of expenses during the time that he did not pay his portion.

 

[Betty3]

I agree with mightymoose. You will have to see what the court order says. It seems to me if he owes the money, it most likely has to be paid.

 

[disagreeable]

He should motion for custody and support, income to be imputed if mom does not work. Request arrears be ordered as an offset to avoid an undue burden.

 

[Proserpina]

Is there a reunification plan for Mom?