Q: Can I get child support from ex-husband if he refuses to leave our martial home? He said he would in paperwork 1yr. ago.
He has joint custody and wants kids Half the week. My 16 year old feels that will be hard moving back and forth in middle of the week. She also doesn’t want to live with him as she would be going to a room that is too tiny and won’t have space while my 9yr. Will have bigger room. She wants to stay weekends and see him during the week as we will live in same town
A:
Thank you for your question. It sounds like you have several issues going on. Each situation is unique, so the answer is almost always "it depends". If you have a Court order or agreement that says he will move out and he has not then you should consider an enforcement action in court. The Court will not order child support if you reside together.
As for parenting time, you could modify the schedule. Your daughter is old enough to make her own decisions regarding time spent with her father, and it is unlikely that a Judge would try to force her to live with him 50% of the time if she is not comfortable doing so. Also keep in mind that 50/50 does not have to mean splitting the week down the middle. There are many options. The best thing to do is to schedule a consult with an experienced family law attorney to find out exactly what your options might be.
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