CS obligation when child changes residency

[schlotdav]

What is the name of your state (only U.S. law)? Florida

Ex-wife was custodial parent for our 4 children when divorced in 2002. I had the children 4 days out of 14. Now CS is for 1 child (age 15). Ex-wife and I have been following the standard Florida child support guidelines as incomes have changed and children have become self supporting adults. One year ago he started living with me predominately as he was not getting along with his mother. He is now with me 9 days out of 14. Does my CS obligation change as a result of the change in residency of my son?

 

[Antigone*]

What is the name of your state (only U.S. law)? Florida

Ex-wife was custodial parent for our 4 children when divorced in 2002. I had the children 4 days out of 14. Now CS is for 1 child (age 15). Ex-wife and I have been following the standard Florida child support guidelines as incomes have changed and children have become self supporting adults. One year ago he started living with me predominately as he was not getting along with his mother. He is now with me 9 days out of 14. Does my CS obligation change as a result of the change in residency of my son?

You would be wise to have to look into having your support order modified.

 

[Ohiogal]

Did custody change by way of court?

 

[schlotdav]

There have been no court orders of any kind since the divorce.

 

[mistoffolees]

There have been no court orders of any kind since the divorce.

Then I would first get a court order for custody in place. If the child has been primarily with you for a year, that gives you a significant edge in establishing custody. Then get the support order changed.

As for support, if there are no orders in place, you are not legally obligated to pay support. HOWEVER, I would not suggest that you stop. Rather, file for custody first and then wait until that is established to try to get a new custody order.

 

[schlotdav]

Just to clarify, the divorce did include CS per the Florida guidelines. I would certainly file for change in custody and then change in support. I am trying to understand what my ultimate chances of success would be within the court system regarding a change in CS.

 

[mistoffolees]

Just to clarify, the divorce did include CS per the Florida guidelines.

Earlier, you said that there were no court orders - which is why I responded the way I did. Details matter.

I would certainly file for change in custody and then change in support. I am trying to understand what my ultimate chances of success would be within the court system regarding a change in CS.

If you get a change in custody, then CS will certainly change. If you don't get a change in custody, then it won't.