How to modify a child cupport order when the kids live with you

[luuvit224]

What is the name of your state? We reside in Florida and the child support order is from New York. How can we stop paying out child support if we are now the custodial parents? The kids go to school in Florida, and have been given conflicting legal advice. Is filing an abatement the first start? How do we modify the child support? We do not want child support but only the reimbursement of what has been paid while the kids have lived with us (7 months).
Thanks so much for your help

 

[nextwife]

File for a modification of custody, and CS from the NCP. You will NOT get the CS back that you've paid, but you will get future CS.

 

[luuvit224]

Not wanting her money

Florida--
We really didn't want to serve her with CS. All we wanted was what we paid out to her and her boyfriend who don't work while the kids are here with us. We are now the custodial parents. We want to get the money we gave them for the 7 months the kids have been with us as a lesson of sorts. We are planning to file for custody. What we want to do is find a way to immediately STOP paying some dead beets CS for kids that we are raising and taking care of. It seems like such a task that should really be simple. Because the kids are in school if Florida, we can move the case here (from New York), which is great! But the only problem is, the cheapest way to get the ball rolling, it seems, is to file for CS even though we really don't want to. Do you have some advice?

 

[VeronicaGia]

Florida--
We really didn't want to serve her with CS. All we wanted was what we paid out to her and her boyfriend who don't work while the kids are here with us. We are now the custodial parents. We want to get the money we gave them for the 7 months the kids have been with us as a lesson of sorts. We are planning to file for custody. What we want to do is find a way to immediately STOP paying some dead beets CS for kids that we are raising and taking care of. It seems like such a task that should really be simple. Because the kids are in school if Florida, we can move the case here (from New York), which is great! But the only problem is, the cheapest way to get the ball rolling, it seems, is to file for CS even though we really don't want to. Do you have some advice?

Until the custody and support orders are modified, you will still have to pay! No judge will award you your money back. You are losing money by the minute, and since you have not legally modified custody, she could come take the kid(s) any time.

So, get the custody order modified and then get the support order modified. And don't say you don't want support....the child is entitled to support from both parents.

 

[luuvit224]

Modify Custodial Orders

Florida-
Thanks for the advise. We were stuck on the Support Issue so much we forgot that lil' fact about her being able to come and get the kids. We will file for the mods immediately. I think we will also continue with the CS even though we really didn't want to go there. I think it's an ego thing with my hubby, since his family is still in New York and it will eventually get to them. He is second guessing himself and I am glad that you brought some good points to light. Thank you so much.