Child Support if the child lives with paying parent

[bsull2]

What is the name of your state? Virginia
If a child moves in with the paying parent for an extended amoutn of time (not a vacation) would the paying parent still be responsible for support for that time whent he child is with him/her? If anyone can help, it would be greatly appreciated.

 

[usmcfamily]

The paying parent would need to seek a modification of the support order allowing them to stop payment while the child is with them. The other way to work this - if the parent's are amicable - is for the paying parent to continue paying as ordered and the other party simply return that amount of money to the paying parent each month -- the advantage of doing it this way is that you don't have to spend the extra money for court costs for the modification but the disadvantage is that the parent receiveing the child support has the opportunity to screw the paying parent over. So you need to figure out if you trust the other parent enough to go into that type of arrangement and if not hi-ho hi-ho it's off to the courthouse you go......

 

[bsull2]

Thanks for answering so quicky! Unfortunately, the parents are not amicable. The situation is this: the child wants to live with the paying parent (he is 17) but the mother (the payee) says that she would allow it, but she still wants the child support, stating that "he is still obligated". This makes no common sense, but legally, it does. How would this work if the child wanted to go before a judge and state he wanted to live with the other parent? Thanks again!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[usmcfamily]

File a petition for change of custody and child support - your son is of an age where his desires will carry good weight in the courtroom! The support is paid to reimburse the custodial parent for the expense incurred in caring for the child - so while she is right in stating that the paying parent is "obligated" legally to pay the support she is wrong it attempting to collect it if the child isn't residing with her.....that's just plain GREEDY!!!! An official court order is the only way you can legally stop paying the support to her.........

 

[bsull2]

Thanks again! You are quite a wealth of information! This all seems so simple, but the legal process can be so long. I don't know if you are familiar with VA, but if you had to guess, from filing of the petition to the court date/hearing, how long would the process take?

 

[kat1963]

In VA, go to the court house that has jurisdiction. Bring all your orders with you. You will need to file a motion for change of custody along with a motion to modifiy child support. There is no charge. You fill out the forms, the clerk will make copies of the important information, and she will be served (if she's local, it doesn't cost to have the papers served to her). At that time, you will also get a court date..I'm not sure how back logged the courts are there, but here in VAB, it's 4-5 months. Since this is the summer, and if there are problems, (which, once she gets served, there probably will be*LOL*) Then you'll probably end up back down there filing a...ahhh, I'm drawing a blank here, I forget what the form is called...it up's the court date, usually around 2 weeks from the time you file the newest motion. Then there is always filing for emergency custody (but I've never gone thru that...so..*shrug*) You can always ask when you get down to the court house. The kid is 17...I mean really, unless you are homeless or a convicted sexual offender, I really don't see much of a challenge here.
Good Luck!
KAT

 

[bsull2]

Thanks Kat! Everybody involved still lives in VA, but would the right court be where the child lives or where the origial orders were filed? Also, I myself, since he is 17, think this would be a pretty much open and shut case. Would you still think I would need an attorney, or could I handle this one on my own? I think the judge would listen to the child and since he is 17, and he could still attend the same school, wouldn't that be enough for the judge? Thanks again!

 

[there2]

We are the in same situation here in CT. You've answered some of my questions already, thanks, but I have some more. Let's say the child came to stay with you this month. You are still paying child support to the ex even though the child is not living there. The child is 17 and turns 18 in August. It seems that doing the court thing would be a waste of time and money. Is there a way to basically pay the child the child support? Or put it into an account for her? The current child support is over $100 per week and would really come in handy in paying her expenses now.
I'm brand new to this forum so I hope I'm doing this right.
Thanks for listening.