Judge messed up

[stressedmom]

I called DES to see if my ex filed papers to begin paying child support. The child support order is from Jan 2002! He has never paid and after 4 years has just recently called and wants to be involved in the kids lives. When I spoke to DES they said no papers were filed and I owe child support!!!!! I shows him as the custodial parent and me as the non custodial parent. This is not what my divorce papers state. They also used my income to figure the support to be paid. I am very worried. The clerk of the court told me to call the judge and when I did that, they are telling me that I have to file a motion to change custody. I don't need to change it because my divorce papers state that I have custody!!! PLEASE can someone help me and let me know what I can do. I am totally at a loss of where to begin and if he finds out that they think he has custody he will take my kids away and I will not see them.

you might want to go to the court and have them modify the current child support agreement, or if the child support was entered recently, you maybe able to appeal. It should say somewhere on your support papers how long you have to appeal. I'm not sure if this is right, so you may want to contact local lawyers to get a free consultation, some of them offer it. also, there is a website where actual lawyers answer your posts at www.lawguru.com also, if the divorce decree says that you are the custodial parent, and he takes the children, there maybe something that you can do about that. good luck.