Columbus, IN asked in Family Law for Indiana

Q: Can you get child support payments terminated if the kids no longer live with the parent receiving payments?

He has custody and is paying her because the kids were staying with her during the school week. This is no longer the case. The kids are staying exclusively with him now and have been for a month. She basically does nothing for the kids. Can the order to pay child support to her be reversed or struck down?

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1 Lawyer Answer
Timothy Coe
Timothy Coe
  • Westfield, IN
  • Licensed in Indiana

A: Yes. The child support obligation can be modified whenever there is a "significant change in circumstances." Generally a significant change in circumstances is when the income, or the parenting time obligation changes by 20% or greater. It sounds, from the limited facts presented, that this would apply. You should talk to a local lawyer to whom you can give all of the facts as soon as possible because a modification will only be ordered back to the date of the petition, not the date of the change in circumstances.

Best of luck!

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