Child now lives with different Parent


#1
quote:
[i]Originally posted by smladd[/i] [br]My husband has been paying child support for two minor children for 6 years. The child support was decided upon in the divorce agreement. A month ago the 16 year old came to live with us full time. She will be visiting her mother every other weekend only. The mother expects that he will continue paying full child support even though the child is no longer there. Can he deduct 1/2 of the child support now that one child is with him full time? Does he have to get a lawyer and go to court over this?

#2

If he is paying child support by agreement rather than court order then it can be altered to fit the current situation. Yes, he could cut the amount or run the figures through the calculator on the home page of this site to see what he should be paying.

If he is paying by court order he must file for modification of custody and child support to reflect the current situation. It will likely have to go back to court. Until that is corrected, he will need to continue paying the agreed amount.

My husband had it in his papers that he pays $x amount per child so that either when they age out or if the circumstances change, the amount he pays will be specific to each child.


#3

It was definately in their divorce papers that were filed with the courthouse but they agreed upon the amount. No judge determined or demanded any certain amount. It does say that he is paying a certain amount per child with it ending when each child turns 18, etc.


#4

Then I suggest that the correct steps be taken to modify custody and then look at dropping the amount of child support…


#5

No he should not stop paying the full amount of child support. If the parties cannot agree to a modification of child support. You will need to file an action for child support and ask the court to recalculate the child support based on the new custodial arrangement.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

Is this action something we can file ourselves…is there a specific form? Hopefully they will be able to agree on the change. He will now have the child, pay all insurance and outside activities and still have to pay the mother support…that just seems like a no brainer to me.

quote:
[i]Originally posted by Helena Nevicosi[/i] [br]No he should not stop paying the full amount of child support. If the parties cannot agree to a modification of child support. You will need to file an action for child support and ask the court to recalculate the child support based on the new custodial arrangement.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.



#7

If there is already an order for child support you will need to file a motion to modify child support and you can find the form at www.nccourts.org. If there is no order for child support, you can file an action for child support and ask the court to determine an amount of support.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

There is no court order, only an agreement that was reached during separation. Monies are paid directly to mother, nothing ever went through a judge…the divorce papers were simply filed with the court to be legal.

quote:
[i]Originally posted by Helena Nevicosi[/i] [br]If there is already an order for child support you will need to file a motion to modify child support and you can find the form at [www.nccourts.org](http://www.nccourts.org). If there is no order for child support, you can file an action for child support and ask the court to determine an amount of support.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.



#9

You should simply file an action for child support and ask the court to establish a reasonable amount of support.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#10

My husband has been paying child support for two minor children for 6 years. The child support was decided upon in the divorce agreement. A month ago the 16 year old came to live with us full time. She will be visiting her mother every other weekend only. The mother expects that he will continue paying full child support even though the child is no longer there. Can he deduct 1/2 of the child support now that one child is with him full time? Does he have to get a lawyer and go to court over this?

Sharon Ladd