Who wins

[JulieWening]

My brother had custody of his children for 13 years. Then they went to Tennessee to live with their mother. (Custoday given to her) She currently owes $27,000.+ in back child support. But, when the children went to live with her in Tennessee, he was court ordered to pay child support (which he did until the girls turned 19) and he currently pays child support on his 17 year old son but the catch is....he has lived with his father and not his mother since May. She continues to inforce child support payments. Why has she not been held responsible for her back child support (ordered in Florida) and he must continue to pay and she continues to take the support even though his child has lived with him since May?

[Attorney Cheri Hobbs]

If his wife owes child support then your brother needs to file a Motion for Contempt/Enforcement and ask the judge here to order the arrears. Without your brother bringing this up in court, it will not get done and he definitely should do it soon as there are usually limitations of when you can bring a case. If the son is now living with Dad then he must do a Supplemental Motion to Modify Child Support (and time sharing). Otherwise the court/Department of Revenue will not stop the support payments.

Attorney Cheri Hobbs
The Divorce Center
7635 Ashley Park Drive
Orlando, FL 32835