My son has lived with his mother and I have payed Child Support to her. My son is 17 now and just graduated from high school. He and his mother do not get along and she locked him out of the house and put all of his belongings on the front porch. He has moved in with me now. She is refusing to let him in the house to get his other belongings. We were not married and I pay my child support to her directly and not through the courts. Can I cease paying her since he lives with me now? He turns 18 in two months, so my payments would have ended anyway.
If you are obligated to pay child support by a court order, then you cannot stop paying child support, even if your son is living with you now, without violating the court order and risking being held in contempt of court. You must follow the terms of the court order unless the order expires or has been modified.
If your child support agreement is not in a court order and it is a verbal agreement for example, then you would have no obligation to continue paying child support and you could unilaterally stop the payments.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.