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legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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should my ex wife be paying child support

Resolved Question:

my divorce decree dated march 1992 does not require me to pay for post education. my wife had both children untill she shipped my youngest daughter now 17 a junior in high school to florida wher I live. I stopped paying support on my oldest because I had one and she had one child the oldest is now 19 and in college which I pay half and provide a cell phone along with medical, dental, eye care. do I have a case for full custody with support her mother refuses to help. The mother lives in indiana.
Submitted: 9 years ago.
Category: Family Law
Expert:  legaleagle replied 9 years ago.
Yes you do. If you have physical custody then you can petition the court to modify the custody order to reflect reality and then ask for support to be ordered to be paid by your ex.
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Customer: replied 9 years ago.
Reply to Shelley's Post: Does she have a right now that the one daughter is in college to go back and ask for post secondary education from me. The daughter is 19 and it is not stated in the divorce decree
Expert:  legaleagle replied 9 years ago.
If you are already paying half of the college expenses she has no claim to ask for a modification. She would have to show that there has been a substantial change to warrant a modification, and since she is not caring for the second child, you are, and you are paying for college and other expenses, the changes only work in your favor for a modification, not hers.
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