Custody Order Not Being Followed but Still Paying


I have a custody order that was made years ago when my child was very young. I also was ordered to pay a couple hundred per month using worksheet B and the amount of overnights agreed upon in the order. My child is now a teenager and has been living with me 100% of the time for months, but due to the court order, I’m still paying the other parent monthly. What options do I have to get out of the child support when I have 100% physical custody now? I spoke to a lawyer who said it could be anywhere from 10k to 30k to do a motion to modify custody, and that would be about equal to the total monthly amount for the next 4.5 yrs. Also, she does not want to go over there at all anymore (overnight, she’s fine with visits) but the lawyer said if tried to modify the court order she’d most likely be ordered to at least go every other weekend, and we want to avoid that.


You would need to file a motion to modify child custody and child support based on a substantial change in circumstances. You need both motions because you need to address the change in custody and the change in child support as a result of custody.

I agree with the assessment that a judge will still likely order that the other parent gets minimal custodial time, but the parents are the parties to the order and are subject to the order. The minor child is not a party to the order and a court can only force the parties to do/not do certain things.

It is rare that a parent gets no custodial time at all in a court order unless it is agreed upon by both parents and a consent order is entered.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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