How do I change an order of child support?

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How do I change an order of child support?

I pay child support to my ex-husband and was court ordered to pay until she was 21 if she attended an after high school university, which she is currently doing. The order and divorce had taken place in one state but my ex-husband currently lives in another and my current husband and I live in a third state. When my daughter turned 18 and graduated high school, she moved in with us. She then transferred her driver’s license and address to my state. Since she moved here, do I still have to pay child support to my ex for a child that isn’t living with him. How do I get the child support terminated?

Asked on September 4, 2012 under Family Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as there is a court order in place requiring that you pay child support for your daughter to your "ex" even though your child resides with you, you are required to comply with the court order.

The way to change the order is to enter into a written stipulation and order with your "ex" changing the child support order in place or if the "ex" will not agree to the change, you will need to file a petition in the court where the current child support order is in place to modify it. Possibly a family law attorney will be able to help in the matter.

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

Answered 8 years ago | Contributor

You have to start in the state where the order originated.  In that state, you file a motion to modify the current child support orders based on the fact that she is currently living with you.  Depending on the procedural rules in that state and the venue rules in your new state, you may be able to have the child custody case transferred to your new state to make the process of modification easier.  Talk to a local family law attorney and see if they have had experience in transferring cases from that state or other jurisdictions.  You may also need to talk to an attorney from the original state-- because attorneys can only practice law within the states that they are licensed.


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