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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118209
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband who is ordered to pay child support to his ex

Customer Question

Hi my husband who is ordered to pay child support to his ex recieved a call from the State of Idaho stating his ex said he didn't have to pay (because the child was living with us full time) but advised us to keep paying until we get a court order stating that. because she could say we aren't paying it. She agreed even if the child moved back with her she wouldn't make him pay child support but now the courts are giving us a run around saying that it's not an enforceable order. Does this mean that if we just stop paying she couldn't come back on us and make us pay back child support?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Idaho
JA: Has anything been filed or reported?
Customer: We wrote a letter stating we would like it changed over a month ago. We called to check up on it today and the state said we would have to fill out an application and it could take six months.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 5 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No what that means is you must fill out a "Motion to modify custody and support" and file it in the court and the court must actually issue a court order changing both the legal physical custody arrangement and also the child support payments. If the ex is in agreement, then it would be filed as a "Joint Motion to Modify Custody and Support" and in the motion you would state what the current situation is and that both parents agree to the child living with your husband and stopping child support. Both your husband and the ex would sign in the presence of a notary and then you file this with the court and the court will issue an order changing the custody and stopping the support. Once you file the motion she could not seek support from that date forward, but you need to get it filed with the court and send a copy to the state as well. If you wait for the state to do something it can take even more than 6 months for the state to get the court to change the order.
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