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Do I have to pay child support to a person who have residential custody but not legal custody.

New Brunswick, NJ |

I've asked this question several times on here and nobody quite answered my question. It's a court order for me to pay child support. This is one of those situations where I feel I'm being railroaded for not knowing the law or affording to pay for an attorney up front. I get it that I'm legally responsible for child support because of the court order. I just want to know am I'm suppose to be paying child support because of the Grandmother having residential custody (no court order record for residential custody) but not legal custody and the mother don't pay at all. Also, how can I get legal custody from the grandmother since she have residential custody.

Attorney Answers 3


  1. If the court has awarded residential custody, but not legal custody, to a grandparent - or any other person - then yes you have to pay child support to the person putting a roof over the child's head. So, the court order is not unusual.

    If want to change the status of residential or legal custody, you will have to file a motion in the family court explaining why it is in the best interests of the child to change the custodial arrangement.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.


  2. The person who has phyical custody of your child is entitled to receive child support from BOTH parents, not just you. This is a right that the children have.
    As for legal custody, you can file a motion in the court showing why chanking custody is in the childs best interest.

    The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


  3. Yes you must pay support to the person providing the care for your child.

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