I have had temporary primary custody of my child as my ex-wife and I agreed to move him into my town in another state with a better school district.
My ex-wife intends to move to my town at which point we would return to our shared custody agreement. The problem is her move keeps being delayed so I stopped paying her child support since the child lives exclusively with me during this interim period.
Can my ex-wife ask the courts to force me to continue to pay child support even though she is the non-custodial parent at this point? If I file a request to modify child support and child custody to reflect our current situation, which state has jurisdiction?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey divorce laws where I am licensed to practice.
I would strongly encourage you to formalize the change in custody by filing a motion with the court. Since you have stopped paying child support, arrears will continue to accrue until a motion is filed with the court seeking a change in custody and termination of your child support obligation.
Since you are currently living in one state but the marital settlement agreement was filed in another, in order for your current state to have jurisdiction, you must first register the agreement or order establishing child custody and support with your state’s courts.
Once the order has been registered it will be fully enforceable in your state. You will then be able to file a motion to modify custody and terminate child support in your jurisdiction.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.