If I have joint custody of my son and his mom deploys, am I obligated to pay child support if she left him with friends?

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If I have joint custody of my son and his mom deploys, am I obligated to pay child support if she left him with friends?

Asked on September 28, 2012 under Family Law, Texas

Answers:

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

Answered 8 years ago | Contributor

You are obligated to continue paying child support until the court orders say that you can stop paying.  Some orders end automatically, like when a child reaches a certain age.  Her leaving them with someone will not automatically terminate your obligation, because as the conservator, she can redirect the to them, just like she would for any other child care provider (even though this provider will be full time.)  This does not mean that you are without options though.  The second way a child support obligation can end is by a modification of the custody paperwork.  There is no reason for your child to live with a stranger if you are perfectly able and willing to be the managing conservator while she's gone.  If she won't agree to a temporary modification, then you can petition the court to change the custody arrangement, grant you managing conservatorship of your child while she's gone, and to suspend your child support obligation during the time that you are providing full time care for your child. 


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