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

Asked almost 2 years ago - Hamburg, NY

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

Attorney answers (4)

  1. Maria C. Tebano

    Contributor Level 15

    5

    Lawyers agree

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    Answered . 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.

  2. Michael C. Barrows

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . 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
    www.BarrowsLaw.com
    www.NewYorkDivorce.info

    Please be advised that the information contained herein is provided for educational purposes only and is not... more
  3. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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. Roger Jon Yehl

    Contributor Level 4

    Answered . 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.

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

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