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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19321
Experience:  B.A.; M.B.A.; J.D.
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My ex and I just had a modification change to child support

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My ex and I just had a modification change to child support 2 weeks ago signed and delivered by the judge. Our oldest daughter suddenly decided she was going to move in with him temporarily. He now wants to modify the child support again even though Im giving her money for her needs until this phase passes. Isnt there a time period that has to pass before he can go AGAIN to ask for a modification? He is trying to get out of paying child support for both kids is all it amounts to.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.


How long is the "temporary?"
Customer: replied 3 years ago.
Not sure as of right now. I know he can try and get custody of her which would automatically have a modification of CS for our other child but he is saying he isnt going to change custody which has me confused. She is 16 and a junior in High School. Her grades have dramatically declined since being in his care and I will fully fight him on a custody chamge. He went more than a year without any contact with her and suddenly they start talking again and she bolts to be with him. Everyone has told me its a phase a lot of teenagers go through and will work itself out. I'm trying not to force her to come home but I may have to. He allows her to do whatever she wants where I am more strict and she rather have complete freedom that he gives her.

Thank you for the clarification:

Not sure as of right now. I know he can try and get custody of her which would automatically have a modification of CS for our other child but he is saying he isnt going to change custody which has me confused. She is 16 and a junior in High School. Her grades have dramatically declined since being in his care and I will fully fight him on a custody chamge. He went more than a year without any contact with her and suddenly they start talking again and she bolts to be with him. Everyone has told me its a phase a lot of teenagers go through and will work itself out. I'm trying not to force her to come home but I may have to. He allows her to do whatever she wants where I am more strict and she rather have complete freedom that he gives her.


Response: He cannot ask for modification of child support because the teenager has decided to temporarily stay with him. In order for him to modify child support, he must also modify custody. He cannot have one, but not the other. Custody and support go hand in hand. So, if he wants to modify child support, you need to vigorously oppose that. What happens if the teenager stays there for a week and then leave, does it mean that you then have to go to Court to modify child support again? Unless the change in custody is permanent, he has no right to modify child support.

As for custody, yes, you would have to force the teenager to come back home. If her school is suffering, she can't stay at her father's even if she wants to. If the father continues to allow her to stay over your objections, you can file contempt action against the father.

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