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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My wife and I are divorced, we have 5 children, she had ...

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My wife and I are divorced, we have 5 children, she had custody and now I have custody of 2 of the 5. 2 yrs ago 1 of the 3 lived with me for the year and I paid child support to her mother, she is now back with me and I am again paying support for a child who lives with me. Do I have any options?
To terminate child support for the child who is now living with you, you must file for a modification of the child support orders and request termination of support for this child. If there are custody orders in place, you will first need to change the custody orders to show that you are now the primary caretaker of this child. If there are no child custody orders in place, then all you need to do is proceed with the child support modification. You cannot stop paying child support until the appropriate court orders are changed.


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Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

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Customer: replied 8 years ago.
in having custody changed, does my ex-wife have the right to fight this and request that the child be returned to her?
She can object to the custody change, but then it will be her burden to show why she allowed the child to be with you and still want to collect child support. Since you have the child with you at the present time, you can file for a temporary order that the child remain with you until the issue of custody is addressed formally. Otherwise, the court orders stand and she can request the child returned to her, so if you have not done so already you need to file for temporary custody.


If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice.I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.