I pay child support to my ex-wife and am supposed to until my child reaches the age of emancipation, which is 21 in my state.
However, my child recently moved in with me and my ex-wife agreed to this.
Do I still have to continue to pay child support if my child now lives with me?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Kentucky child support laws where I am licensed to practice.
Child support is generally always modifiable. However, child support is generally only modifiable prospectively. This means that until you file a motion to modify child support, your obligation to pay continues even if the child is living with you.
In my jurisdiction, when a court modifies child support, it is usually retroactive to the date the motion to modify was filed. This means that if you want to modify or stop your child support obligation, you will need to file a motion as soon as possible. Otherwise your obligation will continue to accrue.
I have seen cases where an individual ended up owing a huge child support arrearage plus interest because he did not file a motion to modify even though the child had been living with the parent by agreement of the other parent. The court was sympathetic, but its hands were tied by the law. Affirmative action on your part is necessary to stop the child support payments.
Generally speaking, if the child is living with you, then you should not be paying child support. There are some exceptions to this (e.g., when there is significant income disparity) but the general rule is that a parent with the child the majority of the time should not be paying the other parent child support.
The order requiring you to pay child support is the order until it is modified.
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.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Louisville Divorce Lawyer Daren C. Neel, contact Cordell & Cordell.
10 comments on “Do I Still Pay Child Support If My Child Moves Back In With Me?”
My friend owes child support but tells me that she was never served on her first child support case and that she is not responsible for anything that is owed on this case. Is this true?
I have custody of my daughter. We are at a point of the possibility she I may let her move back with her mother. Her mother owes me arrears as she hasn’t paid any support ordered since I was awarded custody. If my daughter goes back will my ex still have to pay the arrearage? Help
My stepson recently moved and my husband after being hired on permanent less then 1 month childsupport went from 50 a week to taking 300 this past week plus an extra 50 for insurance how do I stop it from taking his whole check if its been established that my husband has custody of him even if its back pay thats still ridiculous as hes been paying faithfully who can stop or reduce this
Wow wow wow i cant believe this at all. I thought i was the only problem here about child support.. i have been paying child support about 12 years now and now my daughter is moving back with me because her mother was not supporting her at all. She was being abused by the step father and all she get from them is food and a shelter.. so now she is back with me, which i am happy to support her fully like a father should, not much different because thats what i have been doing for her all these years.. my question is how do i stop the child support if she refused to go back to her mothers house
Recently my ex wife came to me told me she’s addicted to drugs and my son is with me full time for about a week now. There were two periods of time when I wasn’t paying child support and now I am $20,000 in back child support. Every week I am charged about $55.00 interest on top of my large sum of child support. I cannot afford to care for him yet at present time I am his only parent that can care for him. I filed for emergency custody but unless I find some type of way to serve the mother she cannot be held responsible for not showing up. I don’t know what to do please any advice will help. I filed for child support modification but with recently new born son and having to take on full time with my first born it’s overwhelming. Please help.
I am passing through the same. My lawyer told me, he will serve my ex wife with the letter, but even if she refuse to sign it, the modification will still go on. The court only need evidence that she was served.
My son is 22 and living with me now. I still pay back support. Is my son entitled to that support or does my ex keep receiving it??
My boys was living with my dad I have to pay child support. As of July 1 2016 my youngest he is 16 moved in with me and my oldest he is 18 moved out of my dad house so he has no kids he is telling me I have to still pay child support until they are 18 I knew that but now they don’t live with him do I still pay child support
Me and my husband are back together the police have picked him up on a child support warrant if I take him off of child support will the arrearage go away and will they release him from jail? Please help!
My 14 years old daughter wants to move with my ex who’s been paying child support in the state of Florida. What do I do about the child support cause I don’t want it if she moves with him and I dont want him to reverse it back on me cause I’m willing to help out as it very fair to do so but I know he’ll do anything to just out of meanness.
Please help ASAP