So long as a noncustodial parent is ordered to pay child support?even if the parent from his order to pay the support does not have the child living with him/her?that noncustodial parent is under a legal duty to pay child support and can be held in contempt of court and sanctioned for noncompliance with the court order. This does not mean, however, that the noncustodial parent must suffer such circumstances without recourse. If you are the noncustodial parent and know that your child is not living with the parent to whom you are ordered to pay child support, that would be grounds for seeking a modification of the child support award. You can go to court, allege that the child is not living with the child support recipient, and argue that you should be relieved of the obligation to pay child support to that parent. This does not mean that you will be relieved of paying child support completely. The court will likely ask with whom the child is residing and then ask that person if he or she desires to receive child support assistance. It may even be possible for the court to award the child support directly to the child if he or she is living away from either parent independently and on his own.
Answered on Sep 12th, 2013 at 4:30 PM