Modification of child support


#1

My 15 y/o daughter has decided to live with me (her father). Ex-spouse and I have joint legal custody and she has physical custody. Ex-spouse has agreed to allow the child to live with me and has already begun school (10th grade) at her new high school (she has been living with me for about 1 month). Original divorce was in GA in May 2012 and we both have relocated to NC (she in June 2012 and me in Oct 2012). I am paying about $2600.00 monthly in child support for my daughter. Since she now lives with me and intends to do so until she graduates high school, there is no reason to pay the ex-spouse child support. The total alimony/child support payment is $7000.00 per month (divided approx. $2600 child support/$4400 alimony)- after the child turns 18, the entire $7000.00 becomes alimony until 2024. How can I have the child support modified to reflect the fact that the child now lives with me. Thanks …


#2

If your support is part of a court order, you have the substantial change of circumstances to warrant a modification so you only need to file a motion to modify child support. If child support is determined in a separation agreement, modification really depends on how the agreement is worded. You should have a consultation with an attorney in your area to review the agreement and advise how best to proceed with your circumstances.


#3

WHY is your support so high for one child? Never heard of turning CS to alimony upon 18th birthday? Wow.


#4

Child support can be very high depending on the income of the parties. Also, simply because child support ends, doesn’t necessarily mean that a dependent spouse’s needs decrease so we frequently see changes in alimony that are tied to decreases in child support.