Q: If one child lives with their father does that negate child support that he pays to his ex-wife for the other child?
My wife's ex has decided that he no longer needs to pay child support because his one daughter (age 19 but going to college) has been spending some time at his house and he's convinced (he's an idiot) that shes living with him. She just went over to his place to help him get through a rough patch. He lost his job and has turned down some offers of employment...not sure why. She's helping him get signed up for job placement and end employment agency help. The oldest child, 21 year old son with special needs who goes to college, lives with us. My wife, in 12 years since the divorce has NEVER asked for an increase...we live in New Jersey. He's been paying my wife $900/month for the past 12 years. he claims he went to city hall (Woodbury) and they told him there's no record of a divorce and CS agreement. Like I said he makes Forrest Gump look like a Harvard Grad......my wife explained to him that he needs to go to the child support office and/or the county courthouse. Thank you...
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A: Retain an experienced matrimonial attorney to help you resolve this matter.
A:
Thank you for your question.
If there is a current child support obligation, he would have to file an application with the Court to modify same. In order to be successful on his application, he would have to prove that there has been a chance in circumstances that warrants a modification of custody. In your case, he would have to show that their daughter lives with him most of the year. I highly suggest contacting an experienced family law attorney who would be able to help you and advocate for your rights.
I hope this information was helpful to you.
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