How can a man who has custody of his child still have to pay child support? ?

[Nelle Nelle]

The mother doesn't have to pay and the child is not with her now the father paying when the mother put child out

[kiss4u]

You have to go back to court.

[Rowdy]

Shouldn't have to. I'd go back to court and get that one changed.

[urbangirl]

You have to file a motion with the court for a change in custody and the father can file child support against the mother.

[LIPPIE]

Okay you have to have a lawyer, you have to prove when the child came to live with you. If the child was put there by the courts the support should stop and she should have to pay. If the courts didn't put the child there than you should be going after for full custody. This all has to be legal, or you will continue to pay.

[skcs11]

you need a better lawyer

[hollowCommander164]

He has to pay because the judge ordered him to.
The guy needs to get his lawyer into court and have the judge vacate the order.
The judge may order the mother to pay support, but that's not likely. I've seldom heard of a woman being ordered to pay, and NEVER heard of it being enforced.

[45 auto]

If it's court ordered than U need to go back if not court ordered than keep records.Custody is who has the child. If it for 1 month than changes back than don't stop paying as if he does stop she would want the child back.So it your call. But it will cost U many months child support to have he say that u won't give the child back. Been there and done that best to be late an see if she contacts u for the $ and see what happens if U pay the courts than don't be late as they will come after U.See what choices U have.

[Opinionated]

until he goes back to court to have the child support changed along with custody,he still needs to be paying.

[Mindy]

I think the magic words have already been said. The custody order needs to be changed. Simply having the child in possession doesn't make custody. Custody is set by the courts and a judges order. As long as the mom has legal custody, the child support order stands. He can't just stop paying; she could turn that around and say "oh I was just being nice and allowing him a long visit and I was coming to pick up him/her this weekend". Now she has him in contempt of court for failure to pay child support.

You can get emergency hearings and temporary sole custody but I don't know what the requirements are to fall into that category. Seek legal advice, many lawyers offer "free consult" with a first visit. Try your states legal aid and see if he qualifies for that. Scour the internet for your states rules and laws.

He needs to document to the minute of the times he has him, what he's spending on his care. Food, supplies, clothes, babysitters EVERYTHING! When I was a teenager I babysat for a divorced dad in this exact same situation. He was paying something around $600 a month to this broad and she was dropping the boy off for days at a time to go and party. I babysat while the dad worked. My mom made me only charge him $10 per night (regardless of how many hours it was) to help him out. In time he did get sole custody of the boy but it took over a year of this meticulous record keeping to prove her poor parenting skills.

There is hope but it takes hard work!