I assume that there is a judgment in either a dissolution or custody case that names you as the custodial parent and his other parent as the non-custodial parent. If so, there is probably a provision in the judgment that you receive child support from the non-custodial parent based on both parents? respective incomes and the number of annual overnights the child spends with the custodial and non-custodial parents under an order for parenting time that is included in the original judgment. If this is the situation, the non-custodial parent can go back to court to file an order to show cause why the child custody, parenting time and child support provisions of the original judgment should not be modified to order a change in custody so that the non-custodial parent becomes the custodial parent and you get some number of overnights with the child and you get to pay child support based on the new parenting time order. Also, you need to keep in mind that child support lasts until the child reaches age 18 and is no longer in school, but it can last until the child reaches age 21 if he or she continues to go to school (college, trade tech, whatever). You should probably talk to a lawyer about this situation pretty soon.
Answered on May 06th, 2015 at 11:03 AM