Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

in a child support case, the mother has custody of the 3 children.

father pays child support and...
in a child support case, the mother has custody of the 3 children. father pays child support and now one of the children has decided she wants to live with her father. does it affect the child support in a way so that now he only pays on one?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
8/1/2011
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Can you please tell me if the parents are in agreement to have said child live with the father, how old is the child, and what state is this in?
Ask Your Own Family Law Question
Customer reply replied 6 years ago
no we dont agree but my daughter is 14. we live in Texas
Thank you. In that case, nothing changes. Unless the child actually goes to live with the other parent, the child support must be paid as is.

Texas allows a child to state preference, but this will not necessarily change the custody by itself. The child's preference is taken into consideration but is NOT the deciding factor. Judges know that often, children will want to live with the adult that allows them the most freedom but is not necessarily the best custodian, so while the children's preference is noted, it does not define the judgment for custody.

The Court still decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.

Note: If she lives with the other parent for one or more months unofficially, then they can get that month waived off child support.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

http://www.justanswer.com/law/expert-attorneyeli/

…if you do this, make sure to begin the question with “This Question is for Eli…”
Ask Your Own Family Law Question
Customer reply replied 6 years ago
im saying if the judge does grant her to live with me, then how will that effect what i pay. do i pay on one child or do i still have to pay for the other 2 living with their mother?
Ah, thank you. In this case, your support would then go from 30% of your gross pay to 25% of your gross pay. You would still have to pay for the other two living with their mother, but not for her (hence, the 5% reduction).

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Ask Your Own Family Law Question
Customer reply replied 6 years ago
and i have another child from another relationship. would i still be paying 25%
Oh, you did not state that part. In this, case it would be 20.63% of the gross net.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Ask Your Own Family Law Question
Customer reply replied 6 years ago
so her mother isn't responsible for paying me anything for her?
I was told once that since we have 3 children I have one and she has 2 the one and one child cancles out and Im left paying for just the other child. Is this not true?
No, this is not true. You pay her, and she'd be paying you for one child. Of course the two of you can agree to have you simply pay a lesser amount overall and the Court would agree, but this is up to the two of you.

Otherwise, you'd be paying her and she'd be paying you, without the two child support cases 'entangling' even if it comes from the same decree.
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified
Ely and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,694
102,694 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

102,694 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
If a parent does not pay child support and is behind over
If a parent does not pay child support and is behind over $2500, do they still get visitation rights? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Need help attaching a current child support order into a
need help attaching a current child support order into a divorce … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,198 satisfied customers
Husband lives in south Carolina. He pays child support for a
Husband lives in south Carolina. He pays child support for a daughter born out wed-lock. How do you start legitimation for visitation rights … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
Florida child support question. Florida. It's regarding
It's regarding payment continueing after child has turned 18 and has already graduated.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was paying child support for 2 of my children, and the
I was paying child support for 2 of my children, and the mother and I got back together and lived together for a year before deciding that it wouldn't work. She took me off of child support as I was t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
In an attempt to get mandated child support, father states
In an attempt to get mandated child support, father states if mother goes through with it he will file for custody and site mother's misdemeanor drug charge from several years ago, during a phone conv… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
My son owes $25,000 in back child support, the mother has
My son owes $25,000 in back child support, the mother has never had anything to do with the kids, the Court has stopped his payments but how does he clear the money owed, he has had sole custody for 1… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
This was given a paper to sign regarding child support.
This was given a paper to sign regarding child support … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
I was assessed child support for a newborn child based on
I was assessed child support for a newborn child based on the mother's employment status (she no longer works) and her other three children (not mine). Is this correct? Why would their fathers not be … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
The mother of my children took me off child support when i
The mother of my children took me off child support when i living with her. I moved out to find a better job and so that i could be closer to my job. I want to know if it permanent. … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
In Texas, can child support be deducted from an inheritance
In Texas, can child support be deducted from an inheritance by the non-custodial parent who pays child support at present… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,669 satisfied customers
I have been under a child support order for about a year and
I have been under a child support order for about a year and a half now and the mother of my son refuses to let me see him. How do I file for either joint custody or visitation? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,495 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
Can Georgia state child support withhold child support from
Can Georgia state child support withhold child support from a parent for any reason? This is regarding the father's tax return money....my daughter says they're holding it. They also will not tell her… read more
Ely
Ely
Counselor at Law
102,694 satisfied customers
My child is 19 and mother never asked for child support. is
my child is 19 and mother never asked for child support. is it too late? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
I have a child support question. I filed for child support
Hello , I have a child support question . I filed for child support back in 2015 , now the court is set up for august 16. My question is can I cancel my child support process , and can biological fath… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x