If I pay child support but now have custody of our daughter, what happens to child support? 16 Answers as of January 06, 2014

My 16 year old daughter just moved in with me. Her mother has full custody, I'm supposed to have her every other weekend. Well, they started not getting along so her mother told me to come get her and not bring her back. My question is about the child support. Do I still need to pay or should it be reversed? I do owe some back support, will that make a difference? And do I need to file for full support? Any advice would be helpful.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
My initial advice is for you to consult with an experienced family law attorney to review your situation. Unless and until there is an order modifying or changing the child support order you remain responsible for the court ordered child support. Do not expect any change to occur automatically, as that will result in you being responsible for back unpaid support.
Answer Applies to: Arizona
Replied: 1/6/2014
J. Barbour Rixey, P.C.
J. Barbour Rixey, P.C. | J. Barbour Rixey
File a petition to modify support and custody. Support will be terminated from you to her and she will be ordered to pay you. Whatever arrears you owe her will be credited against what she owes you.
Answer Applies to: Virginia
Replied: 1/6/2014
John Russo | John Russo
You have to go to court and have the orders modified and/or suspended, this stuff does not happen on it's own.
Answer Applies to: Rhode Island
Replied: 1/6/2014
Milligan, Beswick, Levine, & Knox LLP
Milligan, Beswick, Levine, & Knox LLP | Stephen P Levine
Nothing gets reversed unless you go to court to request a modification do it now before you get into a mess.
Answer Applies to: California
Replied: 1/3/2014
Diane l. Berger | Diane L. Berger
You need to pay support as long as it is court-ordered that you do so. If your 16 year old is going to permanently reside with you, you need to file the necessary court papers to have the custody changed, your child support terminated, and a support order entered for the child's mother to pay you.
Answer Applies to: Nebraska
Replied: 1/3/2014
    The Law Offices of Tres A. Porter | Tres A. Porter
    You need to consult with an experienced family law attorney in your area, immediately. The amount of time that the child spends with each parent is a large component of the formula utilized to determine child support in the state of California. It is extremely important that you consult with an attorney to determine your options.
    Answer Applies to: California
    Replied: 1/3/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You must immediately file for a modification of the custody and child support order. You must pay until the court orders you to stop, but if you file and ask for an immediate cessation of child support because you now have custody, that should bring you pretty quick relief.
    Answer Applies to: Idaho
    Replied: 1/3/2014
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    You need a change of custody and modification of child support. And you will still owe the arrears.
    Answer Applies to: California
    Replied: 1/3/2014
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    You should file a modification suit to have the court enter an order related to possession of the child and child support. I suggest you hire a lawyer.
    Answer Applies to: Texas
    Replied: 1/3/2014
    Family Law & Mediation Services, LLC | Carol Jean Romine
    The existing custody and child support orders remain in effect until the court issues a modified order. You need to file a petition to modify custody, parenting time and child support. Your support obligation continues until the new order is issued. The court will most likely make the support obligation retroactive to the date of your petition. However, it cannot make it retroactive to any date PRIOR to the date of the petition. So do not delay. The existing order is enforceable until the court modifies it.
    Answer Applies to: Indiana
    Replied: 1/3/2014
    Law Office of Darin Kanfer | Darin J. Kanfer
    You should immediately ask the mother to sign to change custody. If she will no do so, then you should file to change custody and request support.
    Answer Applies to: Michigan
    Replied: 1/3/2014
    Law Offices of Lauren H. Kane | Lauren H. Kane
    You need to file a petition to modify support.
    Answer Applies to: Pennsylvania
    Replied: 1/3/2014
    Borzilleri Law Office | Christine Borzilleri
    I recommend that you file to modify the child support to reflect the current placement arrangement.
    Answer Applies to: Rhode Island
    Replied: 1/3/2014
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You need to file for a child support modification based on the substantial change in circumstances. Hopefully, you have something in writing from the mother, even if it's just a text message, stating that she wanted you to come get the child and not bring her back. You should consult with an attorney in order to best determine how to proceed.
    Answer Applies to: Florida
    Replied: 1/3/2014
    Catchick Law, PC
    Catchick Law, PC | Matt Catchick
    You need to ASAP file a Motion with the Court requesting a modification of your child support obligation, because your daughter is now living with you. It is VERY important for you to understand that the Court will ONLY go back to the date you serve the mother with the Motion, so please do it as soon as possible!
    Answer Applies to: Michigan
    Replied: 1/3/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Immediately file and serve a request for order establishing the new custodial relationship and to modify the support.
    Answer Applies to: California
    Replied: 1/3/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney