US Legal Forms
Legal Resources
Questions & Answers
Divorce
How do I have the child support to my ex stopped if the child is living with me?

How do I have the child support to my ex stopped if the child is living with me?

Full question:

My daughter has lived with me for one year at the end of May. I am still paying child support and have asked my ex to send me the money to take care of our daughter. I dont have the 900.00 plus that it takes to take my ex to court. My daughter chose to live with me due to horrible living conditions with her mother, no food, no electric, etc. and the numerous "boyfriends" that moved in and out all the time. I do not feel that it was safe for my daughter to live there so when she asked if she could live with me I immediatley let her move in. I am glad my daughter is with me, her school grades have gone up, last year she was failing this year is on the honor roll. She is no longer depressed and has a better outlook on life. Could you please tell me how I could get help? I dont qualify for foodstamps or medicaid, therefore I dont qualify for the free legal assitstance. Isn't there something that can be done? I dont think I should have to pay child support to someone who hasnt taken care of my child for a year.

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Indiana

Answer:

It will be necessary to have the support order modified to change your legal obligation. Please see:

http://definitions.uslegal.com/m/modification-of-divorce-decree/

http://www.uslegalforms.com/us/US-00936.htm

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

What to do when your ex takes your child?

If your ex takes your child without consent, you should first try to communicate with them to resolve the situation amicably. If communication fails, you may need to seek legal advice to understand your rights and options. Depending on your custody agreement, you might be able to file for emergency custody or a modification of custody in court. Document any relevant details and seek assistance from a family law attorney to navigate the legal process.

How to force an ex to pay child support?

To ensure your ex pays child support, you can file a motion in court to enforce the existing support order. If they are not complying, the court can take various actions, such as garnishing wages or placing liens on property. It's advisable to consult with a family law attorney to understand the specific enforcement mechanisms available in your state and to help you navigate the process effectively.

What is the legal age to live with one parent?

There is no specific legal age at which a child can choose to live with one parent; it often depends on the child's maturity and the circumstances of the custody arrangement. However, courts typically consider the child's best interests, and as children get older, their preferences may carry more weight. It's best to consult with a family law attorney to understand how this applies in your situation.

What to do if your ex takes your child?

If your ex takes your child without your consent, first try to resolve the matter through communication. If that doesn’t work, you may need to seek legal recourse. This could involve filing for custody or a parenting plan modification in court. Document all interactions and consider consulting a family law attorney to understand your options and rights.

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, needs, and relationship with each parent. Courts often favor arrangements that provide stability and continuity. Generally, the parent who can demonstrate a more stable environment and a strong bond with the child may have an advantage. It's important to present evidence supporting your case and consult with a family law attorney.

Can child support be reimbursed?

Child support can sometimes be reimbursed if it was paid incorrectly or if there has been a change in circumstances that warrants a modification of the support order. If you believe you are owed reimbursement, you should document your payments and consult with a family law attorney to explore your options for recovering those funds through the court.