I pay child support to my ex-wife who was the primary custodian of our children. However, the kids now live exclusively with me.
How do I go about terminating my child support obligation?
I am not licensed to practice law in your state and will therefore answer your question using North Carolina law, the state in which I am licensed. Cordell & Cordell does have divorce lawyers located in 17 states.
To answer your question, it depends on how your state computes child support. In North Carolina, child support is computed based upon guidelines and takes into account the number of overnights each party has with the children. In your case, it seems your overnights have drastically increased.
However, I am unsure from your question whether the child support you are paying is voluntary, by court order, or part of an out of court agreement. This actually makes a big difference in how you go about modifying the child support, at least in North Carolina.
I would speak to an attorney in your state who can better advise you on the procedures and the differences between modifying a child support amount in a court order as opposed to an out of court agreement in your state. Please be advised that my answering of this question does not constitute an attorney client relationship.
Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill. While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.