Modesto, CA asked in Child Custody, Child Support and Family Law for Maryland

Q: child no longer lives with custodial parent, does my brother still need to pay child support to ex wife?

My brother and his wife had a child support agreement done while his adopted son (her biological son), lived with her full time. (13 year old boy). Since then, she has been passing him around and does NOT want him living with her and her new boyfriend. At the moment, he is living with his aunt, and soon, she wants to send him to a reform school. My brother can’t take him since he lives alone and is in the military full time. So she is collecting the child support but doesn’t have her son with her. What should be done?

1 Lawyer Answer

A: If the agreement is actually a court order, he needs to file in court to modify the child support. He will have to prove the child is not living with her.

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