Saturday, April 12, 2014

Confused about what happens with child support , when one of my children come move with me ?

Q:  I'm a non custodial parent of 2 children 13 & 17, I pay 900.00 a month in child support to their mother. My son turns 18 in April and will be moving with me. what action are required to reduce the percentage and will the mother have to contribute toward my 18 year who will be living with me. And if so does any of that amount just get deducted from the amount that I give her for my other son staying with her. Also my medical insurance has increase from 52.00 a week to 155.00. I do have my current wife and daughter on the insurance also. Will judge consider my increase in insurance to the amount of support I'm ordered to pay. Mother only works part time job, making approx. 10.00 an hour.

A:  David's Answer:  You would need to file a modification petition upon the change of custody - in addition to a separate petition asking for a support order in your favor. The court is likely to do an "off-set," meaning just one order giving you credit off your order for the amount the mother would otherwise pay to you in support. Moreover, you need to get a letter from the insurance company showing the additional amount you're paying (or will be paying upon the increase) to cover the child. The Court should also give you a credit for that, but needs the letter in order to do so. Speak to a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (

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