Baltimore, MD asked in Child Support and Family Law for Maryland

Q: can childsupport be increased if child no longer lives with father, who had joint custody. (kicked child out his house)

child is now 15, was living between two households weekly due to joint custody agreement. Father was paying reduced child support due to joint custody. Father kicked child out his house and child has been living fulltime only (with mom) for over 6 months. Can child-support be re-evaluated and payments possibly increased for mom since dad is no longer providing half care?

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1 Lawyer Answer
Dawn Renee Gould
Dawn Renee Gould
  • Denver, CO
  • Licensed in Maryland

A: Yes. You can file a motion to modify child support but be prepared to prove with evidence that the child is no longer staying the requisite overnights. As a cautionary measure, I would also file a motion to modify custody. The courts may very well not modify child support until the custody is finalized, additionally, you wouldn't an order for custody with joint custody if that's not what's occurring. Child support and custody are always modifiable and you need to prove that a material change of circumstances has occurred, i.e. sole custody vs joint custody and that child support overnights has changed.

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