My ex husband and I cant agree on child support or custody. He's claiming I owe him $17,000 for a leased car that was in his name that he asked for back and defaulted on the loan. Will this affect the child support amount he has to pay me for our 3 year old son?
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Answer: Child support follows access to the child. Thus, until the custody arrangements are determined the child support cannot be set, both in terms of quantum and who receives it.
On the assumption that the child will live with you 61% of the time or more, then the child support that you receive should have nothing to do with the leased car. This is properly a property issue, relating to your respective rights to equalize your net family property – not a child support issue. If you call me at: (877) 668-9386 I will ask you some questions and then provide you with detailed guidance.
(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).