How do we go about getting joint custody and non-child support payments when we have the child more than the mother does?

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How do we go about getting joint custody and non-child support payments when we have the child more than the mother does?

My husband has a 13 year old from a previous marriage. We have the child more than the mother at times pay all his expenses, extracurricular activities, traveling and everything else. However, we still have to pay the mother child support once a week even when she may not even have the child at all in those weeks. How do we go about getting this taken care of?

Asked on August 25, 2012 under Family Law, Indiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your husband needs to file a motion to modify the child custody arrangement such that he is awarded the right to decide the residence of the child and his ex- is required to pay him child support instead.  If you already pay for most expenses and have the child most of the time, document these events and review them with a family law attorney.  You cannot change anything without going back to the court and getting permission to do so. 


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