Question on one parent getting child support credit when son stays with them…
Every day we get questions from people who find us online and have child support questions. We’ll continue to share them with our visitors and clients…
Hi… My name is Tom and my ex-wife and I were divorced in 2008. Our child lived with her while I paid child support. In the summer of 2011 my son came to live with me and the child support stopped. After giving his mother chance after chance to help support him I decided to go through the child support agency here in Oklahoma. Our decree was never changed because I was told by the child support agency that they could change it once we went to court. However, before the court date my son’s mother was advised to say she was contesting that he lived with me. (Which she never did). Because the decree was not changed they dismissed the case. Approximately three months later my son moved back in with his mother. Am I still owed child support for the 2 1/2 yrs he lived with me?
SUPPORT COLLECTORS: In our experience it will be difficult but not impossible to go back and try to get child support for this time. You may have better luck trying to get credit off your current support obligation. We would suggest that you go in and talk to your local child support office and present this situation to them. You could present school records that would show clearly your son was living with you. If they don’t assist you, you should talk to an attorney in your local area who could hopefully assist in getting a court order that would credit this time period. Ideally, you would get credit off your child support obligation versus charging her with child support because you don’t know if she would ever pay you. Hope this helps!
DISCLOSURE: We are not lawyers so this should be considered legal advice. We suggest that you consult the advice of a family law attorney for specific legal questions that you may have.