Lots of information.. be prepared to read.
I was served with a law suit in August 2006 for child support, retro child support, post/prenatal expenses as well as a restraining order - from an ex girlfriend. When she became pregnant she moved away and did not want me to have anything to do with her or my possible child (this was in 1999). We had no contact until 7 years later when I was served with this suit. I went to court in her county where it was filed (5 hours away from where I live) and they put a temporary order in place for child support with visitation agreed upon by both parties. I started paying the child support immediately and also got confirmation that the child was mine after having a paternity test done at my request. I have been picking my son up for visits frequently and putting forth great effort to be there for my son. Now that you have some history on my situation here is my question:
The mother of the child is asking for retroactive child support for the 6 1/2 years I was not paying. Her lawyer told her she can only get 4 years of back child support and advised her not go after retro child support b/c she was being supported by a boyfriend during this entire time (although not legally married). When they go back to figure out the back child support amount will they base it off the wages I was making during those years I did not pay child support or will it be based off my current wages?
The mothers current boyfriend who she also has a child with is not a great person and I'm not happy with my son living under the same roof with him. He has a very poor background including drug possessions, recent arrest history for outstanding warrants, he and his family are racist and have called my son derogatory names since he is bi-racial. The mother is unemployed and jumps from man to man for support. Basically its just a bad situation and not something I appreciate my son being raised around. If I went after full custody would any of this information stand in court? What are the odds of the courts granting a father full custody in this situation?
Thank you greatly for your time. It is much appreciated.