How can I stop paying child support when I now have custody?

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How can I stop paying child support when I now have custody?

I have been paying child support for my son since he was 6 months old. Approximately 1 1/2 years ago he went into state custody due to abuse from his mother’s fiancé. While he was in state custody I continued to pay, I gained custody 5 months ago and I am still being charged child support. New Mexico CSED refuses to stop charging me and even though I never stop paying they are telling me I owe $3000, I am at a loss at what to do.

Asked on February 6, 2012 under Family Law, Florida

Answers:

Jonathan Griffin / Griffin Law, PLLC

Answered 10 years ago | Contributor

If you have always paid the full amount you are court ordered to pay then you should file a motion to modify the order and have it ceased. If you paid less than the full amount ordered while your child was in state custody the state may be recovering past arrears for which you have no remedy.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need an attorney to get you to court and file motions on your behalf to a) seek reimbursement for those monies you should not have been paying to the mother when she did not have custody and b) to seek a full amendment to custody order so that you don't pay anymore and in fact, file motions to make her pay you. Ultimately, the money is for the benefit of the child and if you have custody, I don't see how the court will not approve your motion.


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