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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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I currently have sole custody of my 17-year-old daughter.

Resolved Question:

I currently have sole custody of my 17-year-old daughter. She recently got mad at me and went to live with her father. Now, her father says he is no longer going to pay child support since she is living with him. Without my child support, I cannot pay my home mortgage. Can he really just cut me off like this? He always made his child support payments to me directly, not through the court.
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

Unless the order of support is modified or terminated, he is required to abide by the court's order typically.

Therefore, he should continue to make the payments based on the court's order unless he obtains a modification of the custody and support orders normally.

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Customer: replied 4 years ago.
What can I do if he does not have anything changed in court and he just stops paying me child support?
Expert:  Tina replied 4 years ago.
Your recourse would typically involve filing a motion for order to show with the court requesting that he be held in contempt and even jailed until he complies with the court's order.
Customer: replied 4 years ago.
Once the court learns that my daughter went to live with her father, I'm afraid they will agree to stopping my child support, or possibly make me pay child support, which I cannot afford. I will not give up my custody of my daughter. What is the probability that the court will drop child support as long as my daughter is living with her father?
Expert:  Tina replied 4 years ago.
At your daughter's age, the court is likely to put more weight on her choice of where to live and certainly could grant custody to the father and terminate the order of support. That is a risk in bringing the motion for order to show cause, since you would not typically be entitled to support any further if the child is no longer in your custody.

The support should continue to be paid though until the order is modified, such that the court would typically not modify the order retroactively.
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