What happens to child support if the custodial parent decides to let the child live with the noncustodial parent?

The court order does not change until the judge changes it. If the case is with the Attorney General’s Office, contact the local child support office about a change in status. A change of status is a change in the child’s primary residence from one parent’s home to another parent or caregiver’s home. A change of status request will address current child support, medical support, and arrears (if any) that are relevant for your case. You can also file a motion to modify with the district or other appropriate court. If the parties agree, the child support office can assist with the change. The obligation to pay child support continues until the judge signs the request. If there is no agreement, the OAG cannot assist. The parties must go before a district court in the county that issued the original (or latest) court order.

Before taking action, think about whether the child is likely to move again, or if is this a permanent or extended (several years) change. Children benefit when things are stable, and friends, home and school do not change. The court is unlikely to make repeated changes because the court does not consider frequent changes to be in the child’s best interest. The noncustodial parent is still under a court order to pay the child support until there is a new court order signed by a judge. In other words, if you are currently paying child support, don’t stop. The custodial parent might take the child back, and you don’t want to get into trouble for not paying child support.

You could also hire a private attorney to help you modify custody (conservatorship). Find an attorney.

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