Family Law Questions? Ask a Family Lawyer Online.
Hi and thanks for your question.
I'm so sorry that I have to give you an answer that you don't want to hear, but I'm not going to mislead you here. You will have to file a motion for modification of child support with the court that issued the last child support orders asking for the court to terminate your child support based upon the fact that you are now the custodial parent. Unfortunately, this motion should have been filed long ago when you took over custody. You will not be able to get retroactive relief to before the motion is filed, so this is something you need to do immediately.
You will also want to file a motion to modify custody based upon the fact that you have had actual custody for the past 2 years and to continue this arrangement is in your son's best interest. A verbal agreement is not enough here -- if it came down to it, the only court order currently in effect supports that she has custody of your son and you need to have this legally modified by court order.
I hope that this answers your question (even if it's not necessarily the answer you want to hear); if so, please click the green Accept button. Thanks very much and I wish you the best for a successful outcome.
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