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I am ordered to pay child support, but my 7-year-old doesn't live with the other parent.

Hamburg, NY |

If my child doesn't live with the other parent, will I have to pay child support?

Attorney Answers 4


If there is an existing child support order in effect than you must abide by that order. If your child is not living with the "custodial parent" then you may want to file a motion with the court to modify/cancel your support payments.

Michael C. Barrows, Esq.
369 Lexington Avenue, 2nd Floor
New York, New York 10017
Tel. (646) 237-7850
Fax. (646) 619-9312

Please be advised that the information contained herein is provided for educational purposes only and is not intended to be legal advice. Further, in the absence of a signed retainer agreement or letter of engagement between the recipient hereof and the author, the transmission of this information does not create an attorney-client relationship.

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That all depends on who the child is living with and who has custody. If the child is 7-years old he/she must be living with someone that has custody. You and the other parent, will have to pay child support to whomever has custody of the child. If you have a child support order that directs you to pay the other parent, and the child no longer lives with that parent, then file a petition to terminate child support to that parent. Do that as soon as possible, since the termination date will be date of filing and not sooner.

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Whoever has custody has the right to seek child support. If the child is not living with the party who is getting child support, then file a petition to change custody and child support.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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You will need to file a petition to modify the existing child support order. You are responsible to make the payments until there is a new order but you may be able to back date your responsibility. You can contact a local buffalo attorney for help if necessary. Good luck.

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