Question:
Do I have a case for child support if my son no longer speaks to his mother?
My son’s mother and I were ordered joint custody with no child support, but she has not seen our son or spoken with him in months following an argument that resulted with him living with me full-time.
Since I have him 100% of the time now, I need financial assistance especially with facing the burden of paying for his college by myself when he goes to school next fall.
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 Indiana child support laws where I am licensed to practice.
Since the child’s mother is not exercising her parenting time with him and she is not contributing to his expenses, this may be grounds for a modification of child support and custody.
Since she is not sharing in the expenses like she was when he was sharing his time at her residence such as food, clothing, and other necessities, the court may find that there has been a substantial and continuing change in circumstances to warrant a modification of child support and physical custody.
Since your son is still in high school and under the age of 19, there are still grounds for child support, at least in my state.
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In the event that you wish to seek contribution from the child’s mother toward his college expenses, you will need to file a motion with the court prior to the child reaching the age of 19 or starting school.
The child’s mother may present evidence on repudiation to argue that she should not have to contribute to his educational expenses.
However, the court will have a great deal of discretion in determining to what extent, if any, the child has repudiated his relationship with his mother. If they begin speaking again, the court is less likely to find that he has repudiated her.
Educational support is separate from child support and must be requested specifically.
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 Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.
