Former husband could be required to pay child support to former wife, although he was the custodial parent for purposes of applying child support guidelines. The legislature did not specify in the child support guidelines that only non-custodial parents were required to pay child support, and the trial court could exercise its discretion, through a structured process involving a determination of the presumptive amounts that the parents pay and deviations to the presumptive payment, to require the custodial parent to pay the noncustodial parent.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com