If in my recent divorce my ex and I were granted joint legal custody of our 11 year old child but my ex is behind in expense payments, can I move for primary custody?

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If in my recent divorce my ex and I were granted joint legal custody of our 11 year old child but my ex is behind in expense payments, can I move for primary custody?

We were also ordered to do a direct shared expense plan. I am the primary residential custodian of the minor child. The respondent has not paid her 50 percent of the expenses for the quarter and she does not have a residence with a bedroom for the child nor does she have any income. If I file a motion with the courts can I receive support and primary custody?

Asked on July 2, 2015 under Family Law, Kansas

Answers:

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

Answered 5 years ago | Contributor

One would need to read the agreement in full to determine your rights.  However, if you were awarded support then you have a right to collect it. If you think that your ex does not have a suitable place for the child to sleep then you can request the court to suspend overnight visits.  But you can not withold visitation just because she has not paid support and joint legal custody has to do with decision making about the child's future, not money. 


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