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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28363
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My son is leaving in Aug and I pay his mom $1000/month.

Customer Question

My son is leaving for college in Aug and I pay his mom $1000/month. He is going out of state to LSU on scholarship and I am paying for his apartment and living expenses there for the next 4 years. I would like to take the money I pay her and use that for him starting Aug but I know she will fight me for it. I can't afford to pay her and the expenses at college and she will not help. The divorce states I have to pay child support until he's 19 which is Dec 31st. What can I do? I reside in AL.
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
Good morning. Just to be clear, you are voluntarily paying for his apartment and living expenses?
Customer: replied 2 years ago.
Yes I am
Expert:  FamilyAnswer replied 2 years ago.
Thank you. At this time, you would need to file a motion with the court, asking to modify the child support payments and apply them to the rental and living expenses, which you are going to incur. The only problem/objection which you may face, is that this is something that you are voluntarily doing. The mother is entitled to have the $1000 paid directly to you and as I am sure you are away, she does not necessarily have to account for this money. As such, she may have a problem with the support not going to her, for the needs of the child and being applied to something which you are going on your own. The Judge is going to have the final say, so you will need to convince him/her that the money is better off used and applied at this time, until Dec. It does not hurt to try and if you can convince the court that you can not carry the cost of both and need to help your son now, cause it is in his best interest and he will not be with the mother either, the Judge may be inclined to grant it.
Expert:  FamilyAnswer replied 2 years ago.
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!