transfering support

This is a discussion on transfering support within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; My ex-wife has custody of my now 20 year daughter, I am still paying support. My daughter moved in with me 1 year ago. How do I get support from ...

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  1. #1
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    transfering support

    My ex-wife has custody of my now 20 year daughter, I am still paying support. My daughter moved in with me 1 year ago.
    How do I get support from her or legally get mine stopped?


  2. #2
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    You need to have a child support hearing based on changed circumstances to have your child support order modified/removed.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

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    Why are you still paying support?!? Make every attempt to follow me. Most folks do not understand that the CSSA (child support Act) is legally operative. That is, unless you file for a modification of support formally via complaint and summons, you have no ground on which to stand.

    This is bull and can be circumvented. First, file for custody of your child, you will automatically get custody unless your ex has some really bad stuff on you.

    Now, the money thing gets a little complex. The rules differ as to whether you and your ex's income is under or over $80,000/yr.

    I know you can get all overpaid child support money back from the Ex but do not look for it from the family court - Impossible. Get an order from the family court explaining that you have had physical possession of the child for a year.

    OK so far? Next, take the family court decree showing you had actual physical custody and sue the hell out of the ex in Civil Court for Back-charges. Include interest and attorney's fees. I cannot believe she accepted the support payments for your child while you paid for your child's needs for a year. She owes big time in civil court. Good Luck!

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    It is unlikely you will get a support order against her, as your daughter is over 18.


 

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