Q: If we are paying child support to ex spouse but she doesn't have the children can we stop support?
We are taking one of the 2 children, the other child doesn't live with ex spouse either
A: There isn't enough information to answer the question. If the child who isn't living with either parent is over age 18 but under age 21 and attending school, the payee parent may still have the right to collect support for that child even if that child is away at school, but the order could be modified to pay it directly to the child. As for the child that now lives with your, this is grounds for modifying the child support order but you technically have to still pay the other parent until you get the order modified. (There is an exception where you get credit for the child living with you but it would require a court hearing to get that recognized so it is just better and easier to pay the support as ordered and file a Petition immediately to modify the support.) The court could also modify the support with respect to the other child that doesn't live with either parent but without knowing more I can't really comment.
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