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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I am currently the custodial parent and both children live ...

Resolved Question:

I am currently the custodial parent and both children live with me. Their father pays child support for both children and it is court ordered and garnished from his paycheck. Now 1 of my children want to live with the father. If one child lives with him and one child lives with me, does the father still have to pay child support. If not do we have to go back to court and get that changed?
Submitted: 8 years ago.
Category: Family Law
Expert:  Ellen replied 8 years ago.
Hello,

A court order must be followed until it is modified.

Generally speaking child custody/parenting plans/support can always be modified by the Court based on the best interests of the child. Typically this is satisfied if both parents are in agreement.

The court will recalculate child support based upon the new arrangement.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
FLANDNYLAWYER

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Customer: replied 8 years ago.
That didn't directly answer my question. If we go back to court and get the child custody modified, under the law if I have one child living with me and he has one child living with him does either of us have to pay child support to the other? He's paying for both children now, but if he has 1 living with him does he have to pay any child support under the law?
Expert:  Ellen replied 8 years ago.
Hello,

His child support would be reduced and recalculated. It is not automatically eliminated. Child support is based on guidelines that have to do with the income of the parents as well as the custody.

I hope this helps.

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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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