How to Modify Child Support when there is a Custody Change

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“I am a 19 year old college student. When my parents divorced about 7 years ago I was under joint custody but my permanent address/general guaedianship was to my father. A few years ago the court decided to just switch the papers to say my mother had and always had full custody. Now my father has been paying for child support to my mother even though I lived with him most of the time. Now I’m in college, and he apparently must continue to pay until I graduate college and live on my own… even if I go to graduate school. Is this legal, and do I have any factor in stopping this irrational child support?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

It is not very common for a court to order child support for someone all the way through graduate school. In addition, child support – particularly support paid for an adult child while in school – is intended to be for the ‘child’, not one of the parents.

Unfortunately, the laws about who has what is known as “standing” – i.e. the legal right to take something before the court – are complicated, and so you may or may not have standing to go into court on your own to address this. However, you certainly would be able to go with your father to court, and he definately does have standing.

You and your father should together go to consult with a family law attorney who can help you sort this out and, if possible, get the order for child support modified.

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Author: House Attorney

A house attorney has answered this question.