If your divorce agreement that addresses custody is court ordered then you are obligated to pay support until he graduates from high school. IMO you should have filed for a modification of support based on the change in his living situation two years ago when he moved in with you. At this point you could file and ask for it to be retroactive to the date of filing … about 6 months worth.
If your divorce agreement is a court order you can file a motion to modify child support. If your divorce agreement is a contract you may be able to modify it, depending on the terms of the contract, you can also attempt to file a motion to modify and the court may modify child support.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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My ex-wife by our divorce agreement has legal custody of my son. He is 18 years old and still in High School. We have a divorce agreement that states I am to pay Child Support until he is 18 or graduates from High School. I have always paid my Child Support directly to her. I have never gone through the Court System. He has been living with me for two years now and I am still paying her Child Support. Do I have to continue paying her Child Support or can I quit paying since he is living with me? Please advise.
Thanks,
Randy Hicks
Phone: 919-272-0571
Randy Hicks