Divorce decree states husband will pay child support. Joint custody, childs primary resident with mother and time spent with father at least every other weekend and both parents maintain medical insurance. Present situation child is 16yrs. old at the childs requests the child lives one week at mothers and one week at fathers. Mother has not kept any medical insurance on child in 8yrs. and father continues child support payments and ins. and half of all childs activities.At this point father wants to know if and how to seek stop payment of child support since child lives in both homes same amount of time and mother claims child on taxes also every year and can father recover half of insurance premiums paid for last 8yrs?
1 Answer from Attorneys
Because of the new living arrangement, the father should file and action for a change of custody and support. If the mother was ordered to maintain health insurance and to pay half of any uncovered expenses and failed to do so, the father can file an action for contempt. Feel free to contact my office for further consultation on this matter.
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