Legal Question in Family Law in North Dakota
Child Support
My husband has been divorced since 2001, they had two children together His oldest child is 13 and she has resided with us since August 2002, she has attended the 7th grade here in Fargo and is now visiting her mother for 8 weeks before returning to our home to continue to live. My husband is still paying his ex wife child support for her. I would like to know how to go about changing that. They both have custody but she has physical custody. Erin is 13 and is old enough to decide where to live right? and since she lives with us does he still need to pay his ex wife the $404 per month for her? He is currently paying $836 per month for 2 kids his other child is 11. Please help me
Thank you
1 Answer from Attorneys
Re: Child Support
He has the child living with him, but he will have to keep paying support, because that is what the court ordered.
If he wants to change this (it smells like there is some other sort of deal here, because it doesn't make sense to have the child living there but continue to pay support as if she's not), he has to petition the court, unless his ex-wife agrees to the change and they petition the court together for a "done deal, it's ok with the judge" new custody order.
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