Child Support if there is a change of Visitation

[ARMY mom]

What is the name of your state (only U.S. law)? CO
My daughter had permission from her ex-husband to leave the State of Florida (where divorce was granted) and move to CO. She has been here for 5 years, with limited contact by father ( both parents agreed to terms of visitation, which was part of their divorce decree). Without any Motion To Modify Child Support, my daughter agreed to accept half of the court-ordered support due to the father's employment situation. Now the ex-husband has moved out to CO. To help him out, my daughter is letting him stay at her place to be closer to their child. There are NO FEELINGS towards each other, as they BOTH want what it in the best interest of the child. Now that the father is here, he said that he isn't going to pay child support at all. He is signing a lease on his new place in the morning. Is it true that if both parents live in the same state and one has the child all week, while the other has weekends, that no child support is due? I honestly don't know FL law at all, or CO law either. Which court would have jurisdiction now that both parents reside in CO? I am just hoping y'all might have some ideas. You have ALWAYS been here to help with any issue I have. Hopefully, this will be the last time. Thank You in advance.

 

[Proserpina]

What is the name of your state (only U.S. law)? CO
My daughter had permission from her ex-husband to leave the State of Florida (where divorce was granted) and move to CO. She has been here for 5 years, with limited contact by father ( both parents agreed to terms of visitation, which was part of their divorce decree). Without any Motion To Modify Child Support, my daughter agreed to accept half of the court-ordered support due to the father's employment situation. Now the ex-husband has moved out to CO. To help him out, my daughter is letting him stay at her place to be closer to their child. There are NO FEELINGS towards each other, as they BOTH want what it in the best interest of the child. Now that the father is here, he said that he isn't going to pay child support at all. He is signing a lease on his new place in the morning. Is it true that if both parents live in the same state and one has the child all week, while the other has weekends, that no child support is due? I honestly don't know FL law at all, or CO law either. Which court would have jurisdiction now that both parents reside in CO? I am just hoping y'all might have some ideas. You have ALWAYS been here to help with any issue I have. Hopefully, this will be the last time. Thank You in advance.

Noooooooooo that's not true in the slightest.

Even if there's a true 50/50 timeshare, that doesn't mean that there's no child support.

Is Dad seriously telling your daughter that's how it is?

 

[justalayman]

regardless what the current situation might allow for amendments to the current order, as long as the current order is in place, the parties are required to abide by it. If somebody wants it changed, they will have to go to court and have it amended.


while that parties could seek to transfer the support issue to Colorado, until they do, Florida retains jurisdiction.

 

[single317dad]

Dad's living in the home and caring for the child, but what's he actually doing to SUPPORT the child? That doesn't matter now (he should pay as ordered) but would come up if he filed for a modification.

When you say your daughter had "permission" to move and "agreed" to cut the support in half, were these things ordered by the court, or just agreed between the parties?

 

[LdiJ]

Dad's living in the home and caring for the child, but what's he actually doing to SUPPORT the child? That doesn't matter now (he should pay as ordered) but would come up if he filed for a modification.

When you say your daughter had "permission" to move and "agreed" to cut the support in half, were these things ordered by the court, or just agreed between the parties?

OP should clarify this statement:

Without any Motion To Modify Child Support, my daughter agreed to accept half of the court-ordered support due to the father's employment situation

It sounds like they never made it official, but who knows for sure.