If there has been an order for time-sharing, basically saying one parent gets custody and the other parent gets visitation, or any form of dividing up of the child’s time, a parent cannot just unilaterally move a child a significant amount away from another parent.
Many times people will want to try to hide assets or money prior to filing divorce. This is not wise. Just because you sold your car to your brother for one dollar, does not mean you got away with something.
A child support arrearage is when there is a child support order and the obligor does not pay all or a portion of the amount ordered. If a supplemental petition to modify that child support order is not filed, the amount owed to the oblige, or the non-custodial parent, is deemed vested. So how do you get out of a child support arrearage? As in all areas of the law, everything is a case-by-case basis. Let’s say there is a custody order and the former wife receives custody of the child in the court order. The former husband has to pay $500 a month. After the court order, this is for a divorce or a paternity action, the former husband takes actual custody of the child. Not legal custody, I am talking about actual custody meaning Mom has basically given Dad the child, but there’s been no court order saying so. That means the current law of the case is that Mom actually has custody, so therefore she would be deemed to have legal custody but Dad has actual custody, meaning the child is actually in his possession. I cannot tell you how often it occurs that Mom will do this, yet still believe that she should get child support every month. Truly amazing. But that is not where I am going with this particular instance.