Now that my son no longer lives with his mother do I have to continue paying her or, if not, how do I stop making child support payments to her?

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Now that my son no longer lives with his mother do I have to continue paying her or, if not, how do I stop making child support payments to her?

My son recently turned 18 and has moved out from his mother’s home and into my parent’s (his grandparent’s) home. According to my divorce decree, I was to pay her child support until age of majority (19). I am well ahead on my court ordered child support as I have been paying an extra amount each month to her. I make my payments to the Alabama Child Support Payment Center.

Asked on October 25, 2012 under Family Law, Alabama

Answers:

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

Answered 8 years ago | Contributor

You have to continuing making payments as required by the court order-- but only until the court order provides or is modified.  You can wait until he turns 19 years old... or you can file a motion now to modify the support obligation.  You would have a valid basis for doing so in that there has been a material change in the circumstances of the child-- namely he doesn't live with her.


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