Do I still have to pay child support if Iget joint residential custody?

UPDATED: Jun 17, 2011

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Do I still have to pay child support if Iget joint residential custody?

The reason for the question is that I’m supposed to already have joint custody of my daughter but her mother is not complying with the judge’s order by letting me get her on the weekends. She’s just cares about the child support check.

Asked on June 17, 2011 under Family Law, New Jersey


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

Answered 11 years ago | Contributor

I am assuming here that the child support and custody has already been determined in an order and that the custody was agreed to and the support calculated accordingly.  What I think that you are saying or asking here is that you want to stop paying the support because she will not give you your time with your child, correct?  The court does not look kindly on that kind of self help because ultimately the party to suffer is the child.  So you will need to go back to court and file a motion against her for contempt of the order and/or if the situation calls for it a modification of the order.  Speak with an attorney in your area who can read all the paperwork involved and tell you what is what.  Good luck.

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