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child moves/support

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angidoll

Guest
Ex-spouse and I have been divorced since 1994. I haven't ever requested an adjustment for support based on his yearly raise. He has never paid his percentage of the uncovered medical expenses. Now, our oldest child who is 17, has moved in with her father. I live in central Florida, and he lives in the florida panhandle. We are about 8 hours apart. Our child was going to run off and marry, so I felt it best to move her back to our hometown, where she is surrounded by her father and other family. He is now requesting that I send him 1/3 of the child support. We also have 2 other children. I do not know if I am just supposed to start paying him, or if I need to wait until ordered by the court to pay him. There has not been a change of custody. The children have lived with me for their entire life. He has not requested a change in custody, does that mean that custody will automatically be changed?
 


LegalBeagle

Senior Member
angidoll said:
Ex-spouse and I have been divorced since 1994. I haven't ever requested an adjustment for support based on his yearly raise. He has never paid his percentage of the uncovered medical expenses. Now, our oldest child who is 17, has moved in with her father. I live in central Florida, and he lives in the florida panhandle. We are about 8 hours apart. Our child was going to run off and marry, so I felt it best to move her back to our hometown, where she is surrounded by her father and other family. He is now requesting that I send him 1/3 of the child support. We also have 2 other children. I do not know if I am just supposed to start paying him, or if I need to wait until ordered by the court to pay him. There has not been a change of custody. The children have lived with me for their entire life. He has not requested a change in custody, does that mean that custody will automatically be changed?
He is liable for the full court ordered amount until such time a judge orders otherwise. Each month he does not pay the full amount he gets more in arrears. It is up to him to petition for custody and CS.. however, with the child being 17, it does not seem worth it.

I suggest you write to him and explain that a new court hearing would probably result in HIM paying MORE as there has been no mod done in 6 years.
 
G

Grandma B

Guest
Another point is that when one child out of three is no longer eligible for support, the amount is not reduced by 1/3. Believe me, the first one to come off changes the total amount very little. A well-written court document, when covering support for more than one child, should spell out what the changed amount will be as each child loses eligibility.
 

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