Legal Question in Family Law in Kentucky
Order states; Father is primarly residentail parent, child will reside with mom when visiting her. Mom ordered to pay child support. By mutual agreement child moved back in with mom. Can mom pursue child support with a current order out on her to pay? Can mother be held liable for back pay in child support even though child is now living with her? Can father be held liable for back pay in child support even though there is an order stating mom is to pay? Thanks
1 Answer from Attorneys
Child support can be modified in this case, but it will only be retroactive to the date the motion was filed - NOT the date of the changed arrangement. So, mom's child support is still accruing and she will be held responsible for that. Dad's child support obligation does not yet exist and so he will not be responsible for back support. The only away around this dilemma is for an agreed order to be signed by both parties addressing residence and child support and agreeing to back date to the date of the change. Even then, the judge does not have to enter the order.
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