IfI have custody of my 16 yr old son but he wants to live with his dad, does he have to still pay child support to me?

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IfI have custody of my 16 yr old son but he wants to live with his dad, does he have to still pay child support to me?

My son has lived with me since my divorce 11 years ago. He turned 16 and has now decided he wants to live with his dad. I agreed on a trial basis, hoping he will change his mind. Nothing official has changed. Child support is due and before I ask for it, I want to be sure he still has to pay.

Asked on September 8, 2011 under Family Law, Arkansas

Answers:

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

Answered 10 years ago | Contributor

You are a very wise parent to do this for your son willingly.  It is very common for a child of the same sex especially to want to live with the non-custodial parent when they get older and if your son wished to stay with his Father and you objected, his Dad could bring an action to modify the order and your son could testify at this age.  So your consent here is a positive way to deal with it all.  Generally speaking, child support is calculated using a formula adopted by your state.  There is the uniform child support guidelines as well as variations. It is a formula in which numbers are plugged in and factors - such as who has custody - are considered to determine the amount to be paid by each of the parents.  I do think that the amount due you will indeed change.  You may or may not be entitled to something and you should seek help figuring it out. If you are still paying his bills but he lives there then that is a consideration.  Good luck. 


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