My son has gone to live with his grandparents (my ex-wife’s parents) in another state until he graduates high school. The grandparents do not want my money for child support so am I still obligated to pay that to my ex-wife?
I am not licensed to practice law in your state. Therefore, I cannot inform you as to the specific laws of your state and can only provide you with general information concerning child support.
Yes, you are still under an obligation to pay child support even though your child has relocated to live with his grandparents.
However, the support is for the child and not for your ex-wife, therefore the support should follow the child. Even though the grandparents have told you they do not want your money – you are still subject to a court order.
You should try to modify the decree of divorce to be changed to state that you are no longer obligated to pay child support because the child lives with the grandparents, who do not need child support. The court may still order you to pay the child support to the grandparents, because you still have an obligation to support your child and the grandparents do not.
For your own protection, you need to have the decree of divorce modified as quickly as possible. You have a court order stating that you have to pay child support and you are obligated to provide that child support even after your child turns 18 and graduates high school if you did not fulfill your obligation prior to that time. If you stop now, with no court order, you will be building up arrearages that will haunt you later.
Remember, I am unable to provide you with anything more than general child support tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your circumstances.