IfI have custody of my 16 yr old son but he wants to live with his dad, does he have to still pay child support to me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
IfI have custody of my 16 yr old son but he wants to live with his dad, does he have to still pay child support to me?
My son has lived with me since my divorce 11 years ago. He turned 16 and has now decided he wants to live with his dad. I agreed on a trial basis, hoping he will change his mind. Nothing official has changed. Child support is due and before I ask for it, I want to be sure he still has to pay.
Asked on September 8, 2011 under Family Law, Arkansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are a very wise parent to do this for your son willingly. It is very common for a child of the same sex especially to want to live with the non-custodial parent when they get older and if your son wished to stay with his Father and you objected, his Dad could bring an action to modify the order and your son could testify at this age. So your consent here is a positive way to deal with it all. Generally speaking, child support is calculated using a formula adopted by your state. There is the uniform child support guidelines as well as variations. It is a formula in which numbers are plugged in and factors - such as who has custody - are considered to determine the amount to be paid by each of the parents. I do think that the amount due you will indeed change. You may or may not be entitled to something and you should seek help figuring it out. If you are still paying his bills but he lives there then that is a consideration. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.