Q: My son is 17 and my ex wife kicked him out. What is my recourse regarding his safety and my support?
A: His safety? You can provide him a home, and you can immediately file to change custody from her to you and modify/terminate child support from the date you file the motion. In fact, if custody is switched to you, you would be entitled to child support from her. Your motion would have to specifically ask for that, however. Until you file a motion, the existing custody order and support order remains in effect, and you may potentially be held in contempt of court for not paying under it. However, a court has the legal authority to retroactively modify or award custody and child support back to the date you file a motion in this regard, but cannot do so for any earlier period. therefore, the date you file is important. Most litigants in your shoes will stop paying support on these grounds, and risk a contempt finding and judgment to pay the arrears if their motion is ultimately denied, so as not to pay money that you may never get back again if you prevail. I would suggest you obtain counsel and advice before taking that action.
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.
