What happens now?

[zimariah]

What is the name of your state? FL
I have been paying child support through the court system for my son in Florida. His mother had remarried and just recently is going through a divorce and is moving to another state and leaving my son with her soon to be X-husband. How does this work? Am I still gonna have to be paying her child support when shes not even living in the home with my son? My son turns 18 in four months so child support will soon be over anyway but I do not want to pay her child support when shes not even there in the same house with him.

 

[dc417]

child suppport

file motion to modify support order, immediately!!

 

[zimariah]

Will I have to get an attorney to do this? Is it gonna cost me more money to do this than to go ahead and pay her child support for the next 4 months even though shes not living there?

 

[LdiJ]

Will I have to get an attorney to do this? Is it gonna cost me more money to do this than to go ahead and pay her child support for the next 4 months even though shes not living there?

Let me interject some realism here....because the last answer you got wasn't realistic.

The obvious reason why the child is going to remain with her ex is high school. Its obvious that the child is going to be finishing high school in his accustomed community, with his class. There is nothing odd at all about that...it happens all the time. There is also no chance that a court is going to make her soon to be ex husband financially responsible for your son....therefore she is still going to be supporting him.....whether he lives in her home or not....unless her ex is a sap and you can't prove that.

Also, unless your son is particularly gifted or got to start early...its probable that he is not graduating this year but rather next year, so odds are you are going to be held responsible for child support until graduation.

Yeah...you could fight it...fight child support past age 18 and fight child support because he is living with her ex instead of her....but unless your son is a drop-out odds are that the only result would be serious expense for you....and ultimately your child support re-directed to stepdad.

You are in the homestretch here....your child support is either going to end when your child hits 18 or when your child graduates....don't waste a ton of money on an attorney. You will spend more than you gain GUARANTEED.

 

[Gracie3787]

Let me interject some realism here....because the last answer you got wasn't realistic.

The obvious reason why the child is going to remain with her ex is high school. Its obvious that the child is going to be finishing high school in his accustomed community, with his class. There is nothing odd at all about that...it happens all the time. There is also no chance that a court is going to make her soon to be ex husband financially responsible for your son....therefore she is still going to be supporting him.....whether he lives in her home or not....unless her ex is a sap and you can't prove that.

Also, unless your son is particularly gifted or got to start early...its probable that he is not graduating this year but rather next year, so odds are you are going to be held responsible for child support until graduation.

Yeah...you could fight it...fight child support past age 18 and fight child support because he is living with her ex instead of her....but unless your son is a drop-out odds are that the only result would be serious expense for you....and ultimately your child support re-directed to stepdad.

You are in the homestretch here....your child support is either going to end when your child hits 18 or when your child graduates....don't waste a ton of money on an attorney. You will spend more than you gain GUARANTEED.

I agree with all your points, but I have to wonder about who has legal custody and how that will affect OP's credit for payments made? IF Mom doesn't legally change custody to her sonn to be ex, collects the CS, but DOESN'T send it to STBX for her son, can OP be charged with non support?
Do you think that OP should do something about ensuring that his son gets the BENEFIT of the CS, and if so, what should he do?
(Maybe I'm a little paranoid, but Fl. child support system seems to really screw up when anything is out of the ordinary, and OP sounds like a Father who supports his kid, so I'd hate to see him get screwed.)

 

[zimariah]

Yes, My son is graduating May 12th of this year not next.

I wouldn't mind at all paying my sons child support to his step dad but don't know how to go about that. Since I pay through the court his mother will get the money not his step dad unless changes are made and I'm sure what the process is to do that.

 

[VeronicaGia]

go here: http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

Click on FL, read it all, especially Section D, where it says that support does not stop if the child no longer lives with the CP but does not emancipate.

You can either get the custody order changed or get support changed so you pay him instead of her. In any event, don't stop paying...you'll still owe the money.

 

[brisgirl825]

If you can't get it changed before he graduates then her ex can sue her in small claims court for that money.
It's best for the child if you try to get the money to him directly so mom doesn't blow it but it may not get done before May 12th.

Good luck!
Sarah