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I have shared custody of a 17yo son who has recently gotten into trouble. I found out about him soliciting minor boys for sex & accepting it from men, so he has become verbally abusive & threatening to me- worried I would put a stop to it, of course. His father is in denial and our son caters to his nietivity. Therefore, they are getting along great for the first time in a while. His father is his savior. He decided to move in with his father and we put him into private school. Now his father wants child support. He made 80K last year and I made 30K. The current order is for him to pay me $450 and I decided to give it back monthly when my son moved out, until he is back. I understand needing to pay CS is my obligation, but will I have to pay more because my son doesn't want me to have visitation and I am afraid of him when he does visit? Why should I be penalized financially because my rebellious and threatening son admittedly hates me and doesn't want anything to do with me?
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You did not say whether dad had filed a petition for modification in court or simply asked you for child support. Until a court says otherwise, he owes you child support and modification cannot be retroactive. This means that unless and until he files a petition for modification, he still owes you support even though the child is living with him. Once he files a petition for modification, he will have to first prove that a change of primary residence is needed and in the childs best interest, not simply because the child wants to live with him. Then support would be calculated and will take into account your income, dads income, and the time sharing schedule.
Answered on Nov 11th, 2013 at 1:20 PM