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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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If the is a court order for child support after a divorce and

Resolved Question:

If the is a court order for child support after a divorce and the other parent decides to move back into the home where the child lives does the parent who moved back still suppose to pay the other parent child support in addition to his rent money?
Submitted: 6 years ago.
Category: Family Law
Expert:  Lady Themis replied 6 years ago.

Thank you for your question.

 

The parent is obligated to pay support until the order is modified by the court. Moving back into the home and providing support to the child in that way can alleviate a parent from having to pay child support. The payor parent would have to petition the court for a modification, and will have to show that he/she provides support to the child by virtue of living with the child.

 

 

 

Customer: replied 6 years ago.
The parent only moved back inorder to be able to file the house on his taxes at the end of the year. In the degree it states that if he helps with the house financially he gets to file the house at the end of the year. So he wrote checks for have of the mortgage. He never paid me any money towards child support while being here and once he filed his taxes he left. That is why I need to know if I can go after non payment of support?
Expert:  Lady Themis replied 6 years ago.

Yes, in that case, he was not supporting the child, and you can go after him for non-payment of support.

 

 

 

 

Customer: replied 6 years ago.
So since he was writing checks to me that clearly stated what it was for like I said half of the mortgage than he was not supporting the child he was just paying his half of the mortgage for staying in the house. Now I don't have a mailing address on him because his mail still comes to the house, so how do I go about sending the court papers.
Expert:  Lady Themis replied 6 years ago.

It is possible that he could get some credit towards his child support arrears because he was helping pay the mortgage, but that is not likely. In either case, he still owes the child support for that time period.

 

Regarding service of papers, you can ask the court to serve by publication in a newspaper. You have to swear that you made diligent search for him, and that you were unable to find him.

 

 

Customer: replied 6 years ago.
So since his mail still comes to the house, do I mail them to the house or do I send them to his job?
Expert:  Lady Themis replied 6 years ago.
No, you would get an order to publish the notice in the newspaper. You would then mail the publication to his last known address (your address).
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