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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28375
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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my ex husband and I have joint custody, but I am the conservator

Customer Question

my ex husband and I have joint custody, but I am the conservator of our 12yr old daughter. She told me Feb10,2013, she wanted to go live with her dad.Her father and I didn't go to court with this because neither of us really have the money. So I let her go. And when she came back for her weekend visit on Thur.28, 2013 she said she wanted to come live with me again. So what I need to know is I have the 3 child support payments I had received while she was with her dad. Do I need to send the payments to him since she was with him instead of me when I got them, or keep them since she is living back with me?
Submitted: 4 years ago via ChildSupportLaws.
Category: Family Law
Expert:  FamilyAnswer replied 4 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand your situation and concern. Child support is based upon the needs of the child and the payments should be applied and go towards them. If there were expenses which you were paying on behalf of your daughter, when she was living with him, you could have a basis to keep the money he paid, since it was being applied to her and those specific needs. However, if none of this money was being used for her needs and your ex husband was incurring the cost of supporting her when she was with him, in addition to paying the court ordered child support, this may be something you want to speak with him about and either return it or hold it and apply it to her now, now that she is living with you. Had you gone through the court and had the custody modified, there likely would have been a modification of the support payments. Seeing how you handled this on your own, out of court previously you may want to try and do the same, if you both can agree.

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Expert:  FamilyAnswer replied 4 years ago.
Hi Crystal. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!