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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16627
Experience:  Licensed experienced Attorney
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Hi...We have a friend who is now raising his 13 year old son

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Hi...We have a friend who is now raising his 13 year old son due to the negative influences of his mother. The child wanted to be with his Dad and the Mother had no issues in letting him go. However, the Mom, who does not have the child, is still insisting that the Dad pay her the $500/mo in child support that she apparently was awarded when they divorced. This, to me, seems a little crazy that the Dad would have to pay the ex-wife child support for a child that she is not raising or doing anything for. I don't know what the divorce papers say. Isn't there some kind of way that the Dad can stop paying her this child-support? He needs this money himself to put towards his 13 year old son. What's the best options?
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

The father would need to file a Motion to Modify Child Support and Custody with the same court that has awarded the child support to the mother in the first place and if the minor child now resided with the father, the father would have to ask the court to award the residential custody to him and also to terminate court ordered child support or the father can even ask the court to order the mother to pay the child support to the father based on the fact that the son is residing with the father.

I wish you the best of luck and a happy New Year!
Customer: replied 4 years ago.

Does he need an attorney for this? How would he go about filing?

Dear Wendy,

Thank you for your follow up.

There is no standard form that this father can complete and the Motion / Petition to modify custody and child support, would have to be drafted and filed with the court which has ordered the custody and child support in the first place.

This is a complex area of law and I would strongly suggest that the father does consult and retain local family law attorney to help him with this process.

I wish you the best of luck and a Happy New Year!
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