Legal Question in Family Law in Iowa

child support

My ex kept my handicapped child, but did not change the custody. He is now saying that he doesn't have to pay the child support and going to court to ask a judge for a declaration of some sort so that he doesn't have to pay. He also has alienated both children from my entire side of the family. I'm sure he's going to say that I agreed to this since I went to a mediation session.....that is false. Anyway, is there any way that he isn't responsible for the back child support? I should add that I paid child support to him when the daughter he had custody of didn't live with him.

thanks


Asked on 3/13/06, 5:00 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: child support

Who was ordered by the court to have physical custody? If a person does not actually have the child living with them, it's pretty difficult to show the court why they should get the money anyway. The money's for the upkeep and maintenance of the child not the parent.

So. To make a long story short. If you were supposed to have physical custody but someone else was feeding, clothing and housing the child, it would be a pretty hard sell to get any money out of that.

Read more
Answered on 3/13/06, 7:12 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Iowa