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Q: What happens if my son or daughter simply moves from the mother’s residence to my residence? In that situation, can I simply stop making child support payments?
A:
No, you must take legal action and bring a downward modification of child support proceeding. In the proceeding you would explain to the court you are supporting the child or children because they now live with you and their mother would no longer be entitled to child support payments. In addition, you could also simultaneously bring a proceeding to collect child support from the mother. Once the children stop living with her, she will no longer be the residential custodial parent. You will be. Therefore you would be entitled to receive child support payments from her.

Q: If my child obtains a full time position and is self-supporting, do I automatically simply stop making child support payments?
A:
No. You may be entitled to the elimination of your child support payments. However, the procedure is you would have to bring a proceeding in either the Family Court or the Supreme Court and request your child support payments be terminated due to the emancipation of your child. Your initial child support payments were caused by a court entering an order against you. Until there is a new order suspending the prior order or eliminating it, you would be legally obligated to comply with the prior order. You should start the downward modification of child support proceeding as soon as your child becomes self supporting. The child support will continue until you bring the proceeding.