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

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1. Licensed in NY

   

   Maria C. Tebano

   Newtonville Family Law Attorney

   Contributor Level 14

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   Answered February 03, 2013 19:14. 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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2. Licensed in NY

   

   Michael Barrows

   New York Divorce / Separation Lawyer

   Contributor Level 12

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   Answered February 03, 2013 18:03. 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.
   
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3. Licensed in NY

   

   Jayson LutzkyPro

   Bronx Child Custody Lawyer

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   Answered February 03, 2013 20:31. 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.

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4. Licensed in NY

   

   Roger Jon YehlPro

   New York Bankruptcy Attorney

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   Answered February 10, 2013 10:50. 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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