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Family Law Answers, Family Law Attorney
Category: Family Law
Satisfied Customers: 1267
Experience:  more than 16 years experience as an attorney - current family law litigation + mediation practice
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I am the father of a 17 year old son that I have been court

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I am the father of a 17 year old son that I have been court ordered to pay child support. At the time I was ordered to pay the support. He was living with his mother. However, he has not been living with his mother for over 2 years now. He is now living with me and I have still been paying 200 a month for his child support to her the entire time. She verbally gave me custody of him. I enrolled him in school in my school district and I am his guardian. She wants nothing else to do with him but she is still receiving this money for him. I have asked her several times to place the money in a savings account that I went and opened up for him; so that he can have the money but she never has done that. My son could really use that money and I just need to know what I can do or what steps I can take to get the money that I have been paying her? I do not want child support from her. Please help. Thanks

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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