Legal Question in Family Law in Nebraska
Past due Child Support
My ex husband owes 3 months of back child support. The judge is taking into consideration money that my ex husband accuses me of using to pay household bills when he was in my home..consequently, I disregarded the child support for the months that he was in the home, but am asking for the months that he was not in the home. Can the judge take from my childs back child support, to pay back the ex husband money that went towards bills while he was in the home?
1 Answer from Attorneys
Re: Past due Child Support
Past due child support belongs to the residential parent, not the child, because its presumed that that you paid the money for the child, and the obligor should re-pay you that amount.
If your ex was in the home and was providing support for some period of time, then he didn't owe support for that period. If he was not in the home and failed to provide support then you are entitled to the support for that period of time.
But the likelihood of a judge finding that he overpaid support - especially when he owes support - sounds highly unlikely to me.
Hope this helps. Powell
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