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My husbands 2 children have moved in with us and he is still paying child support. How do we stop it and get custody?

Asked over 2 years ago - Cleveland, OH

Child support is paid to Cleveland. We are located in another state. We have contacted csea and explained the situation and they say there is nothing they an do to change the cs and that he needs to keep paying it. So he has. We have looked at the legal forms ie: motion to terminate and the likes but we can not just drive to Cleveland for a court date. Right now the decree states they have joint parenting and his ex has primary custody. We would like this changed to my husband. The children are both teenagers and the ex agrees with all changes. Is there any other way to handle all this before we go broke? She keeps the child support money.

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Attorney answers (2)

Erin Adams Armstrong

Reputation Level 10

Answered over 2 years ago. Child Support Lawyer in Cleveland, OH.

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The underlying custody order must be modified to reflect what you are actually doing. The child support order also must be modified. You can file a motion asking that the child support monies be held by CSEA rather than distributed to mom since she's not returning the money. You must act as quickly as possible because there is no retroactive modificiation available in this situation.

Assuming that everything can be done by agreement, this should not cost an arm and a leg and no court appearance would be necessary. However, if it is not done by agreement, this type of litigation can be expensive and time consuming.

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Alan James Brinkmeier

Reputation Level 20

Answered about 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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A modification is possible by a court hearing especially if there has been a significant change in the income or financial status of either you or your ex-spouse since the date of the last Order. It is not clear whether you want to modify upward or downward.Yes, you need an attorney. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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