Legal Question in Family Law in New Mexico
Child Support Modification
I have paid child support since 1998, never missing a month. Recently, my 16-year old son moved in permenantly with me. I am active duty military and was divorced in North Dakota (1998). Within a year of the divorce, both me and my ex-wife relocated to different states and no modifications have ever been done to adjust my CS payments (although my pay has increased). Now that my son is living with me, my ex believes she is still entitled to the CS. Her reasoning is that since no modifications were ever made to increase the amount she received, she should be allowed to continue and receive the CS until my son reaches age 18 (even though he resisdes with me). She told me that if I try to turn it off, she'll sue me for back child support, based on the fact that no modifcations were ever done to my CS payments. My question is, can she legally ask for back pay to modifications that were never done, even if the child no longer resides with her?
2 Answers from Attorneys
Re: Child Support Modification
It depends on ND law, but generally you owe the child support until the court orders differently, even if the child is living with you. However the court has discrtetion to modify it. You should get a lawyer for this, it's complicated because of the different states. Anytime you take a child out of state or change living arrangements set forth in the parenting plan you must get court approval.
Re: Child Support Modification
The short answer to your question is that it is unlikely that she will be able to seek an amount of 'back child support' unless you haven't been paying the child support. I say unlikely because the only order you have is a North Dakota order and you are asking a NM attorney about NM law. The person who can best answer your question about ND law is a ND attorney.
Be that as it may, since 1998 the law about child support and parents who live in different states has changed substantially. Additionally, it matters how long your son has been living in NM and it matters if you are still in the military. You really should seek to spend an hour with a family lawyer and find out about the different options that are available to you. I can say without hesitation that you would find it to be one of the most rewarding hours you have spent with anyone in a substantial period of time.
Good Luck.
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