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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16288
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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, case 2 years in Feb. I am the not the one who filed.

Customer Question

Customer: ***** *****
JA: Thanks. Can you give me any more details about your issue?
Customer: case 2 years in Feb. I am the not the one who filed. have a court date coming up. IN march 2015 my ex previous lawyer withdrew and he just recently hired a new lawyer. He put a motion to for relief from child custody agreement,vacate child support order, and 1. A Petition to Abate, Suspend and Reduce Child Support what does relief from child custody order mean?
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Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
Hello
Expert:  Legalease replied 11 months ago.

Hello there --

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Relief from Child Custody Order means that he is requesting a court ordered change to the custody arrangements that you currently have on record with the court. Your ex could be asking that the court declare that he has custody of him more than originally contemplated and because of that additional custody, your ex is now seeking a reduction in the child support payments that he is currently making. In most states, a parent can petition the court if that parent feels that they have the child more than 40 or 50 percent of the time and the parent can ask for a reduction in the payable child support because of the additional time that the child is in his custody. The family court will generally make the calculation by using the number of overnights spent at the house of each parent during any particular period (usually the three to six months leading up to the hearing date). So, in this situation, it seems that your ex feels that he has custody more often than was originally agreed and he is entitled to an abatement or even a suspension of child support (he would only be granted a suspension if he has the child all the time -- full custody-- if not, he might be able to make an argument for an abatement and pay less child support).

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