We recently won a child custody modification case where my daughter now resides with me permanently. However, I was told by my state’s Attorney General office that I had to wait 6 months until they will review modifying my child support.
Will I have to continue paying my ex-wife child support for at least 6 more months even though our child lives exclusively with me?
This answer only includes general divorce help for men since I am only licensed to practice in Texas and am thus unable to provide specific advice on divorce and child support laws.
The Attorney General’s office is basing their statement on the modification provisions provided in your state’s divorce laws concerning grounds for child support modification and change in physical possession.
Both provisions have the requirement that the child must be in the possession of the other person for at least 6 months. Note that the court can order any unpaid child support be awarded to you that has accrued since the date you received possession of the child.
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Another section of your state’s child support laws may apply because the Title IV-D agency may, at any time and without a showing of material and substantial change, file a child support review order that has the effect of modifying an existing order. You may want to see if you can go about terminating you child support under this provision.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion and financial advice on divorce, I urge you to contact a divorce lawyer.