Question:
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?
Answer:
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.
Cordell & Cordell understands the concerns men face during divorce.
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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.
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