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Can my ex-husband force our daughter to live with him to avoid child support?

Can my ex-husband force our daughter to live with him to avoid child support?

Full question:

My daughter is 17, going to college. My husband and I are divorced 1 year ago. I was awarded custody and child support. Is there anyway that he can coerce her to live with him and not have to pay child support to me? She will be going away to college this fall and it seems by the way she's acting, she won't be living with me anymore. Please advise.

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: New York

Answer:

Modifying a divorce decree involves changing the court's original orders regarding custody, visitation, and support. To initiate this process, a parent must file a petition in the original divorce case. Local court rules and state civil procedure rules will apply, and these can vary.

Generally, to modify child custody or visitation, the parent requesting the change must demonstrate a significant change in circumstances. Courts typically enforce divorce orders unless they are modified through legal proceedings. An informal agreement between parents to change custody or support is usually not enforceable.

In your situation, if your ex-husband wants to modify custody, he must prove a significant change in circumstances to the court. If both parents agree to the modification, it may be more likely to be granted.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Do non-custodial parents pay for college?

Non-custodial parents may be required to contribute to college expenses, but this depends on the divorce decree or any agreements made during the divorce. Courts typically consider both parents' financial situations and the child's needs. If child support is already established, it may not automatically cover college costs. Parents can negotiate these terms or seek a court order for additional support for college expenses.

Can not paying child support affect custody?

Yes, not paying child support can impact custody arrangements. Courts may view failure to pay as a lack of responsibility, which could influence decisions regarding custody or visitation rights. However, a parent’s ability to pay and the reasons for non-payment are also considered. It's advisable to address any child support issues through legal channels to avoid complications with custody.

Who is most likely to win custody of a child?

Custody decisions are based on the child's best interests, which include factors like the child's age, emotional ties to each parent, and the stability of each home. Generally, courts favor arrangements that allow for frequent contact with both parents unless there are concerns about safety or well-being. Each case is unique, and outcomes can vary based on the specific circumstances presented.

Which divorced parent can claim a college student?

Typically, the parent who claims the child as a dependent for tax purposes can claim the college student. This is often the custodial parent, but parents can agree to alternate years or share the claim. It's important to document any agreements made to avoid disputes with the IRS. Tax laws can be complex, so consulting a tax professional is advisable.

Who is the most eligible for custody of children after divorce?

Eligibility for custody is determined by the court based on the child's best interests. Factors include the child's relationship with each parent, the parents' ability to provide a stable environment, and any history of abuse or neglect. Both parents are generally considered equally eligible unless there are significant concerns regarding their ability to care for the child.

What not to say during a custody battle?

During a custody battle, avoid making negative comments about the other parent, discussing the case in front of the child, or making threats. It's important to remain respectful and focused on the child's best interests. Statements that could be perceived as manipulative or harmful can negatively impact the court's perception of a parent.