Legal Question in Family Law in Florida
child support/ custody change
My ex husband does not want to pay child support any more because our oldest child lives with him 5 out of 7 days a week. I still have full custody of both children according to our divorce agreement. Can he legally say that it balances out because he has the older one now more? I let the younger one go 2x weekends a month. Please advise me on this.
2 Answers from Attorneys
Re: child support/ custody change
It depends on need of the children and ability to pay. If he wants to modify child support he will have to go to the court.
Re: child support/ custody change
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Unless and until your ex husband goes to court and files a motion to modify the child support, he is required to pay the full amount. He can petition the court to modify based on a substantial change of circumstances and he would probably be found to be correct based on the fact that one child is now residing with him as the primary residential parent.
Scott R. Jay, Esq.