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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87437
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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in a child support case, the mother has custody of the 3 children.

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in a child support case, the mother has custody of the 3 children. father pays child support and now one of the children has decided she wants to live with her father. does it affect the child support in a way so that now he only pays on one?
Submitted: 3 years ago.
Category: Family Law
Expert:  Ely replied 3 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Can you please tell me if the parents are in agreement to have said child live with the father, how old is the child, and what state is this in?
Customer: replied 3 years ago.
no we dont agree but my daughter is 14. we live in Texas
Expert:  Ely replied 3 years ago.
Thank you. In that case, nothing changes. Unless the child actually goes to live with the other parent, the child support must be paid as is.

Texas allows a child to state preference, but this will not necessarily change the custody by itself. The child's preference is taken into consideration but is NOT the deciding factor. Judges know that often, children will want to live with the adult that allows them the most freedom but is not necessarily the best custodian, so while the children's preference is noted, it does not define the judgment for custody.

The Court still decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

Note: If she lives with the other parent for one or more months unofficially, then they can get that month waived off child support.

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Customer: replied 3 years ago.
im saying if the judge does grant her to live with me, then how will that effect what i pay. do i pay on one child or do i still have to pay for the other 2 living with their mother?
Expert:  Ely replied 3 years ago.
Ah, thank you. In this case, your support would then go from 30% of your gross pay to 25% of your gross pay. You would still have to pay for the other two living with their mother, but not for her (hence, the 5% reduction).

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Customer: replied 3 years ago.
and i have another child from another relationship. would i still be paying 25%
Expert:  Ely replied 3 years ago.
Oh, you did not state that part. In this, case it would be 20.63% of the gross net.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Customer: replied 3 years ago.
so her mother isn't responsible for paying me anything for her?
I was told once that since we have 3 children I have one and she has 2 the one and one child cancles out and Im left paying for just the other child. Is this not true?
Expert:  Ely replied 3 years ago.
No, this is not true. You pay her, and she'd be paying you for one child. Of course the two of you can agree to have you simply pay a lesser amount overall and the Court would agree, but this is up to the two of you.

Otherwise, you'd be paying her and she'd be paying you, without the two child support cases 'entangling' even if it comes from the same decree.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87437
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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