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I need some advice on a child support situation.

I filed a petition for Child support and visitation rights not too long after my son was born. It granted that we would have simple joint custody and that he was to pay child support to me. He has yet to pay any of it. Now that I am away at school he wants to change this. He says that since he sees our son more (he has him 4 days and I get him for the 3 days of the weekend) that he wants to stop his child support. Can he do this without paying the child support (and interest) that he already owes? And also, will I have to start paying him child support?

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Asked by KitKatCadillac at 10:10 PM on Oct. 28, 2010 in General Parenting

Level 13 (1,124 Credits)
Answers (6)
  • depends on the state you live in...

    Answer by Soniam301 at 10:13 PM on Oct. 28, 2010

  • I have personally never heard of adding interest to the child support.. Must be something your state does.. Not sure about the back child support..

    He can file a motion with the court to have the child support adjusted since he has more than 50 percent of custody of the child.. There's a good chance you will be ordered to pay child support instead of him since he has the child more than you.

    Answer by xxlilmomma09 at 10:13 PM on Oct. 28, 2010

  • Child support has nothing to do with visitation. Unless the court decides he has custody he continues to owe the support to your child.

    Answer by seturkey at 10:14 PM on Oct. 28, 2010

  • Well I live in Virginia. And the interest is added to the child support when it is not being paid. I remember when we were talking to the attorney that she said that it (if i'm not mistaken) be stop while i'm in school.. but I think she assumed that I never came home. I had the originally idea of spliting the time to 3 1/2 days with both, but it would be with my parents for those days I wasn't there. This is all very confusing and I just can't seem to find the right information.

    Comment by KitKatCadillac (original poster) at 10:19 PM on Oct. 28, 2010

  • Just speak with an attorney again. If you both have the child for the same amount of time each month, no child support may be ordered on either side.

    Answer by xxlilmomma09 at 10:23 PM on Oct. 28, 2010

  • You should call your states legal aid/family law help line. They will know for sure. Sounds like he is trying to get out of paying what he owes you...lame!

    Answer by BluDog at 11:35 AM on Oct. 29, 2010

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