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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 37854
Experience:  Attorney with 16 years experience
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My son is 17 and is now living full time with me s father. I

Customer Question

my son is 17 and is now living full time with me his father. I make more income than my ex-wife and do pay child support weekly. Can I legally stop my 17 year olds child support checks while he lives with me??
Submitted: 2 years ago.
Category: Family Law
Expert:  Barrister replied 2 years ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Yes, if son is permanently living with you now, then it would be improper for the mother to continue to receive child support because those payments are to assist the custodial parent with their additional costs in having the child live with them.

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So you would have grounds to file for a modification of the child support order to change you to the custodial parent and even potentially have your ex pay support to you, depending on the disparity in incomes.

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But as for unilaterally stopping any payments, no, you would have to seek to have them stopped with an order from the court because until that occurs, there is still a standing order for you to pay support.

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thanks

Barrister