Q: If uncontested custody change is filed in court & has me paying non custodial can I go back to get child support changed
11 year old wants to move in with me due to emotional abuse at home but mom won't let her move unless I agree to take custody and keep paying her child support. If I agree to pay her child support to get the custody change, can I wait a month or two and then file for child support modification? Would this appear vindictive? I just want to help my daughter and this is the only way she'll agree to her moving in with me however I will obviously be tight if I'm continuing to pay her for a child in my care.
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A: It is unlikely that you will be able to do it the way you want. If you do an informal custody change, and then ask for child support, she can just take the child back. You have to file for custody modification in court and child support will be dealt with at that time.
Homer P Jordan IV agrees with this answer
A: If you file an uncontested modification of custody for your child to come to live with you, you will need to show a material change in circumstances for a future modification. You can not simply wait a few months to file a new modification to change the child support order.
Homer P Jordan IV agrees with this answer
A: I agree with my colleagues, it is unlikely that you could just wait a couple of months and file a modification. You will want to do it right from the start so there are no issues that arise later. You should consult with an attorney regarding the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
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