Divorced a year ago. Since this time, my oldest (14) has been living primarily with me despite the custody agreement saying we have joint custody (alternating weekly). So far in 2018, child has spent less then 20 days with ex. Child is currently working with a therapist trying to improve relationship with her mom. If in 6-9 months from now, if I take mom back to court to seek a legal full custody judgement, and modification of child support will my continued payments of (joint) child support during this past year prejudice my request for a change? 3 children total, I current pay my ex child supported based upon joint custody of all 3. Will be requesting an order modifying 2 children at joint custody, and 14 year old at full custody (with me).
1 Answer from Attorneys
Actually, quite the opposite; your continued payment of support until there is a change in the court order is the best thing you can do to show the court that you intend to abide by court orders. A new case just came down a month ago for how to figure support when some kids are in joint custody, but there is primary of another. Your plan is a good one, but you should consult with a qualified family law specialist in advance of doing, or filing, anything to change the status quo. No matter what you decide, do keep very clear records as which child is in which household each day; you will probably need that information when you file your motion.