Q: Can a 18yr old move in with the non custodial parent making him not have to pay his child support
18yr old moved out without custodial parent knowing now his father has stopped his child support is he not in contempt of court since the child isn't 19
A: Yes, with a qualification. To accomplish this, the non-custodial parent will have to file a Child Custody/Support Modification Action, with the eighteen year old filing an "Affidavit of Election" (attached as an exhibit to the non-custodial parent's Complaint for Modification) stating that the eighteen year old wishes to live exclusively (or at least primarily) with the current non-custodial parent. Note, however, that while the child's election is presumed enforceable, the Court still has veto power over the transfer of custody if it is not in the "best interests" of the minor child. Please speak with a family law attorney who can provide you a more detailed answer tailored to the facts of your case.
A: Assuming, however, that the non-custodial parent has not: (a) formally modified the Court's orders (as described in my original answer); or (b) obtained the consent of the custodial parent to cease child support without said modified custody/support order, then the non-custodial parent would indeed be in contempt of court for non-payment of child support.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
