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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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Question for you I have a friend who is in a situation

Customer Question

Question for you:

I have a friend who is in a situation that has joint custody (50-50) with the other parent. His 17 year old child has been living with him for the last 4 months (mother and daughter don't get along, mother told daughter to "go live with your dad").

Can my friend deduct the 17 year old child support since she is living with him and he has taken on all of the financial responsibility for this child?

We live in Minnesota, not sure if that makes a difference or not.
Submitted: 7 years ago.
Category: Family Law
Expert:  Tina replied 7 years ago.
Thank you for contacting our JA team for guidance.

Yes. Your friend can get a deduction on back support since he now has sole custody of his daughter now. But he needs to file a motion to modify the order of custody/support with the family court. Once granted to reflect the current living arrangements, child support will no longer accrue, and the mother could actually be ordered to pay support, depending on their comparative incomes. He would want to request that the court order that her payments offset what he owes in back support.

He will need to retain a family law attorney to represent him. The state bar association can provide him with attorney referrals.

Please let me know if you need clarification.

Best regards XXXXX XXXXX

Tina G

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NOTE: This open forum is for educational purposes only and does not constitute legal advice. It is highly recommended that you seek representation by a local attorney for all legal matters. The state bar association can provide you with attorney referrals. Please remember that I cannot know what you know unless you tell me. There may be important factors that are relevant to your question that I am not aware of in your specific situation, but I will always do my best to be professional, courteous, and prompt.

Tina and 6 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you Tina G. This was the answer that we were expecting. It's nice to have the knowledge for our next move.
Expert:  Tina replied 7 years ago.
You are very welcome. Glad we could help! Take care.

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