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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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I am about ready to be late on child support to my 16 yr old

Customer Question

I am about ready to be late on child support to my 16 yr old daughter, who I haven't seen in 4 years. My divorce decree list me as a 50/50 parent to her. Although, she stated 4 years ago she no longer wanted to see me, and her mom has supported her in this decision, I continued to pay the child support. During this time, the same Mom gave up 100% custody to me of our older son when he turned 15, stating," you can have him, he reminds me too much of you!". My son has graduated from High School this June, and is leaving to the US Navy, going into the Nuclear Engineering program. There is a lot to this situation, and many things have not been fulfilled within our divorce decree. With this being said, my financial situation has changed significantly. I need to know what my rights are in paying and lowering my child support. I will not be able to pay it this month, or next month, and I am hoping to be able to change the amount, as well as, possibly getting to see my daughter. My question is, how long do I have with out paying child support, before I will be pulled into court?
Submitted: 4 years ago.
Category: Family Law
Expert:  Joseph replied 4 years ago.

The answer to your question depends hugely on how proactive the mother is in pursuing the support. If she does nothing, it could be quite sometime before anything happens, perhaps several months if not a year or more. Conversely, if the mother is very proactive, she could have you in court within about a month's time of being late.

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As to the ongoing support obligation, it is clearly subject to a modification. Child support can be modified where the custodial arrangement has been changed or where the financial situations of the parents have changed, for example. Here, both of these factors are present. As one child has been residing with you, this would suggest a decrease in your support obligation. If your income has decreased, that too would suggest a decrease in your support obligation.

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With these things in mind, you might consider being proactive yourself. You could petition the court for a reduction in your support obligation arguing that the son has been residing with you and that your income has decreased. Filing such a request would go a long way towards preventing a finding of contempt for being delinquent on your support obligation.

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Please let me know if anything requires clarification.

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Customer: replied 4 years ago.
thank you for advice! it was good! i think i may take a proactive move, as you requested! with this being said i will move forward, i do not want a recurring bill from your site. your advice is what i needed to move forward. thank you again!
Expert:  Joseph replied 4 years ago.

If there is anything else I can do for you, please let me know. Otherwise...

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I hope you found my answer helpful. If so, please click on a positive rating for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to provide a positive rating. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

.

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.