Mother wants our son to stay with me but wants to continue getting child support. I have attempted to get custody but his mother takes him back, even though he wants to stay with me. Then once my plea for custody is denied. She sends him back to me.
To terminate a child support, you generally need to file a motion to terminate child support and set for hearing if there isn't a custody order in place. If there is a custody order in place, then you generally need to file a modification action to address both the custody and parenting time issues. You then need to provide evidence to the court to convince the judge to terminate child support or change custody. Depending on the facts of the case, a motion to terminate child support within the modification may be appropriate or possible a motion to credit for the months of child support where the child was residing with the non-custodial parent.
Although I am an attorney practicing law in Nebraska, the answer I provide is for general purposes only and does not establish an attorney-client relationship. If you need legal advice, you should contact an attorney who will discuss with you the specific facts of your case.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline