Hi and thanks for your question.

The answer is that it depends upon the wording of your current child support order. If the court order re: child support specifies that there is a specific amount he owes "per child", with you having primary custody of both children, but then one of those children moves in with him and he becomes primary, then his obligation would change. This is not the common way that court orders are typically worded, though.

The more common way a court order is worded is that the child support obligation is not "per child" and doesn't have modification provisions built in so that if one child goes to move with him, his obligation would not automatically be modified, but he would have the obligation of obtaining a modification order from the court. This would likely be a formality, though, if you were unable to reach an agreement as to a new child support amount, as the court would likely reduce his child support obligation if one of the children went to live with him primarily.

You are correct and smart for telling him that you want a legal document for any change to take place. This is a smart move, and you should stand by this. You and he can file an Agreement or Stipulation with the court to modify the existing order, laying out the agreement, that one of your daughters will continue to primarily reside with you and one of your daughters will begin to primarily reside with him. You can address the change in his child support obligation in this same agreement.

You can request that the court approve it and issue an order related to this modification.

The courthouse should have agreement forms that you can use to complete, sign and file with the court.

I hope that this answers your question; if so, please click Accept. Thanks very much and I wish you the best here.