Okay, thank you. Now the problem here is that you are no longer the primary parent
. You are the visiting parent. Which means that if child support is enforced, it would be enforced against you
. While you never officially switched the custody, if you press an enforcement action against him, he would likely file back an affirmative defense
stating that for some time now, he has been the custodian. The Court would recognize this informal switch and note you as the visiting parent, thus liable for the support!
I am sorry to say that this is a tough situation. By having her go live with him, you essentially reversed the roles. While it may be a different parent, the Court would likely honor the initial child support order for college support by rationalizing that due to the custody switch, by default, the visiting parent pays. While this is not included in the decree, this would be what the Court would do, keeping in line with interpretation of the decree and the doctrine that the non-custodial parent pays child support. I am sorry.
While the legal system tries to be inclusive of every possibility, sometimes people are morally wronged but have limited avenues to seek relief. Please understand that this is not the expert’s fault. I am sure that you prefer that I tell you the truth rather than tell you what you want
to hear. Please do not “shoot the messenger.” This medium of communication may not always effectively express emotion but do know that I understand that this may not be easy to hear and I empathize.