What to do if our 16 year old daughter has decided to spend the majority of her time at her dad’s so he’s stopped paying child support and is now 2 months behind?

He makes $125,000 but I only make $38,000. We still have 50/50 custody. Can he just stop paying me?

Asked on January 12, 2018 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, he can not just stop. You need to go to Family Court and file a Petition for the arrears.  Here is the thing: he will likely file for a change of custody and if your daughter is 16 and wants to live there, then the court will take her feeling in to account and could he could become the custodial parent. Once that happens he can ask for termination of child support. Please seek consultation from an attorney in your area.  Good luck.

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