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How do I get a child support order modified if the other parent is unwilling to do so?

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My ex-husband gained full custody of my daughter 3 years ago, and over the summer gave her the option to live with me. She chose to come but he refused to help us change custody. Her and her father do not speak anymore, and he has also declined to send her her things. She wants to go back to see her friends over winter break and collect her things. Can her father do anything? Is his sending her here stronger than his legal custody?

Asked 11/20/2009 under Divorce, Marriage, Alimony | 181 View(s) | More Legal Topics

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N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney Answered 2 years ago | Contributor

You can file a request to modify the support order with the court. You serve your ex-husband with the court papers and he has a right to respond and attend a court hearing. I don't know how old your daughter is, but the older she is, the more likely the court will listen to her request to live with you. If the court is satisfied that granting custody to you is in the best interest of your daughter, the custody order will be changed.

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