QUESTION

Does the non-custodial parent have to continue paying child support if the child is living exclusively with him/her?

Asked on Jun 01st, 2013 on Child Custody - Maryland
More details to this question:
Mother is always moving around. She was kicked out of her boyfriend's house again and dropped son off the next day. It is now two months later and she is living with her sister with no time frame as to when this will change. Father is still paying child support. Son's mother drinks heavily and takes son's ADHD meds, jumps from job to job, place to place. He (12 years old) does not want to live with her but is afraid of her reaction since she is volatile. Do we have any recourse? This is not the first time she has done this. Last time, Dad tried to get custody, the court said she did the right thing since she didn't have the means to care for him at the time. So she took him back and withheld the child for two years.
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7 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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No, but you have to go to court to get the custody changed and ask for a modification of the child support.
Answered on Jun 04th, 2013 at 10:48 AM

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The current order of support remains in full force and effect until there is a court order changing it.
Answered on Jun 04th, 2013 at 10:47 AM

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Family Law Attorney serving Durham, NC at Morelos Law Firm
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You need to go to court to file a motion for modification of custody and child support based on a substantial change of circumstances. You should consult an attorney but also, some counties have do it yourself forms. Check Mecklenburg County online, which you can change the county at the top of the forms, but still make sure to contact your county clerk's office to verify any different/additional forms or steps
Answered on Jun 04th, 2013 at 10:47 AM

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Yes if court ordered. Go to court to modify custody and support orders asap.
Answered on Jun 04th, 2013 at 10:43 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get an attorney and have him get custody, and when that happens ask to jar HER ordered to pay support to him.
Answered on Jun 04th, 2013 at 10:43 AM

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Theodora B. Fader
You should file motions for modification of custody and child support as soon as possible, preferably with the assistance of an attorney who has experience with such motions.
Answered on Jun 04th, 2013 at 10:42 AM

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You need to have an attorney help you this time to terminate child support and fight for custody
Answered on Jun 04th, 2013 at 10:42 AM

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