Child Support when mother leaves minor child.

Posted by: Overhaul1

Child Support when mother leaves minor child. - 09/19/16 02:25 PM

OK so my ex wife has custody of our 17yo son, he is in his final year of High School. She is going to be moving in with her BF out of state, and my son will be living with his sister so he can finish out his last year in the school he wants to be in. I am currently paying child support through a divorce agreement, and is paid as a direct deposit to my wifes bank account, it doesn't go through the court. Now i'm obviously not going to pay her when she leaves, and was going to start paying my daughters rent until he is 18. For conversation sake let's say I am currently paying my ex 1000 a month. If she decides to leave him with his sister, would she then have to start paying some money for his care as well? to a point where I could lower my portion?
Posted by: mskelly

Re: Child Support when mother leaves minor child. - 09/19/16 04:20 PM

This is going to need to be handled through the courts. I'm sorry but there's no way around it. You can not just arbitrarily stop paying the child support to the Ex (even if the child is not physically living with the Ex) you are still liable to pay the child support to her.

If you stop paying the child support to the Ex without going through the court, you are in contempt and could be looking a some serious issues.

I don't know what kind of relationship you have with the Ex and it very well could be an excellent relationship, but things can turn UGLY very quickly and you need to protect yourself!
Posted by: MinnesotaMom

Re: Child Support when mother leaves minor child. - 09/19/16 04:42 PM

Whatever changes you are considering can only be done legally by court order. If you reduce the payment, send it to the sister or to your son, you will owe it again to your ex. The court considers anything you send outside the court order to be a gift.
Posted by: TJMH

Re: Child Support when mother leaves minor child. - 09/19/16 07:05 PM

I'm not sure the court would grant you any relief. Your ex would still have custody, not your daughter. The court would probably expect the custodial parent to be contributing to the support of the child, including but not necessarily limited to the $1000 you're paying her for that purpose.

So really, you should keep paying child support to your ex and both of you should be sending money to your daughter for your son's needs.