My daughter is 16 1/2 and works do I still need to pay child support or can I get it reduced?

Question

My daughter is 16 1/2 and works do I still need to pay child support or can I get it reduced? I live in CA. She also want to live with me (dad) can I stop paying child support when she moves in?

More details, this was my daughters Idea to ask since I did not know the answer. My daughter wants to move in with me so I can stop paying child support to her mom and save for more for her college. Looking out for my kid not being a dead beat. Once she starts living with me, can I stop paying child support or do I need to go to court to get full custody and stop paying child support. Also do not want any money from her mom.

Answer 1

My son was in a similar situation, and that is why to a certain extent I feel compassion for you.

However, that said... Your daughter is still going to school, and is still a minor. So you do have to pay child support. I don't want to lash out at you, but you did bring her into the world. I also commend you that you are saving money to send her to college. So it does show that you are a responsible dad, and know what your priorities are.

One thing for sure, you must not put your daughter in the middle. If her mother tells her things regarding you being a cheapskate,etc.. Respond by saying "I love you very much, but this is between your mom and me. One thing you should know I will always be there for you, no matter what your material, or emotional needs are".

If she moves in with you then you have to go to court, the case will be reevaluated accordingly. It also depends if you have a good lawyer, as your wife may claim that she has expenses when she visits her. So it really depends how your lawyer presents your case, and how the judge will judge it.

Family court is very hard to predict. My son had a real hard time with it. But in the end after going to court a couple of times, because his ex always came up with something new he finally won the case due to extenuating circumstances. However, he still did give money anyway for his daughter when "she" needed extra things. But at least his wife was not able to milk him.

Good luck to you. It is very hard, especially if you live on a limited income. I know what you are going through because I remember what my son went through.

Just look at the positive side, soon when your daughter is 18 she will be on her own legally. So all this bickering will be gone.

It sounds like you are a good dad if your daughter wants to live with you and you are thinking about her future. Lots of luck to you, and your daughter.

Sincerely a y/a contributor

Answer 2

No you cannot reduce her payments based on the daughters income. The support is based on the income of both you and the mother. If the child moves with you -- pending court decision of course -- the mother will then have to pay your household child support payments. The ironic part is that child support hardly pays for a part of what a child requires.

Keep in mind that you are not paying her mother child support but you are paying the child -- in care of the mother.

P.S. You better have a darn good reasonable argument as to why you want the custody arrangements changed from the mother to the father. The court system is very sensitive about the child living with the mother. I can promise you that without an amicable relationship with the mother she will not willingly give up custody of her daughter despite her desire to live with you. In other words, you need to have a solid reason to change custody. Lastly, don't fall into the trap of previous parents, that do underhanded tricks to gain custody points, false accusations, of an unfit life, drugs, alcohol etc. .

It could turn the seemingly good relationship with your daughter sour. Be sure the both of you do what is best for the child --- Love her more than you may dislike each other.

Good Luck and God Bless

Answer 3

Unfortunately, you may be able to have the support reduced. However, do you really want your daughter's show of independence and responsibility to be the cause of friction she is sure to hear about? You will still have to pay...and will probably spend more $$ on the attorney fees fighting for this than you will actually save in the reduced support...that is if you are even awarded a decrease. If I were a man, I might be embarrassed to even ask for a reduction because your 16 y/o is working. You cannot stop paying support just because she moves in with you. You will have to go to court and show a change in circumstances. Until then, the courts order stands.

Answer 4

Since this seems to be more about you being tired of paying your ex (just say it like it is) and you want to know what steps to take right? You will need to pay for your daughter her OWN attorney. She is well over the age to decide with whom she wants to live. The order you will seek, is a modification on the current order. You can go through your local states child enforcement agency, if you feel you should be paying a smaller amount. The coin toss on that route, which is also the cheaper route, you can end up having the amount increased, not decreased.
It does not matter one lick if your daughter has one job or many. She is your daughter. She is your responsibility. You are not her responsibilty. See the difference?
And here is some more useful information. Child support will carry on beyond 18 if she is going to school.
If by some chance she just moves in with you and the order is not changed, you still have to pay child support to her mother.
You should be saving for her college long before now. But, don't worry, if she wants to go, there are many grants and loans.
On a personal note, if her mother has done such a great job raising her, to where she is working and going to college, why ruin things for your daughter by placing her in the middle of such a very losing battle? Her happiness should come without stings and guilt by you. You pay child support because you want her life to be better as well as set a example. Tisk-tisk!

Answer 5

Because she is an adolescent you still owe child support. Whether she's has a job or not, she is still a child. If she moves in with you, you won't be paying child support unless you are in arrears, but you will still be responsible for supporting her which will probably cost more than child support itself.

Remember you created her and as long as you/mom are alive, she is both your responsibility. If you want full custody of her, make sure mom is accepting of this so you can get her full cooperation. This does not mean mom is waiving her maternal rights, just that she agrees it is in her daughter's best interest.

If you haven't started a college fund for her already in the last 16 1/2 years what's kept you from doing it, support payments?? She's still entitled to support payments when she gets to college anyways, until she turns 21, or get married.

Answer 6

If you want her to move in with you so you can use the child support for her college you will still have to go to court to get custody and get child support changed. You should let the judge know this is your daughter's idea for her college. Good Luck.

Answer 7

READ YOUR DIVORCE DECREE. IF IT SAYS YOU CAN REDUCE YOUR CHILD SUPPORT TO HER MOTHER BECAUSE SHE IS WORKING, THE DAUGHTER, NOT THE MOTHER, THEN YOU MAY REDUCE IT.
IF YOUR DECREE SAYS YOU CAN STOP PAYING IT IF SHE MOVES IN WITH YOU THEN LET HER MOVE IN AND STOP PAYING.
I WOULD BET BIG BUCK NEITHER STATEMENT IS THERE. OF COURSE YOU CANNOT STOP OR REDUCE YOUR SUPPORT PAYMENTS BECAUSE SHE WORKS. SUPPORT GOES TO THE PARENT WITH WHICH THE COURTS DECIDED SHE SHOULD LIVE WITH, TO OFFSET THE EXPENSE OF RAISING A CHILD. MAKING YOU DO RIGHT BY THE CHILD. BUT THE COURT DOESN'T SAY HOW THE MONEY SHOULD BE SPENT. IF MOM DECIDES TO BUY A CAR AND USE THAT MONEY FOR IT THEN IT IS JUST FINE.
AS FOR STOOPING SUPPORT WHEN SHE MOVES IN WITH YOU, WHY DO THAT? TAKE MOM TO COURT, CHANGE THE CUSTODIANSHIP AND HAVE MOM PAY CHILD SUPPORT TO YOU. IT'S ONLY FAIR.

Answer 8

Support is based on the income of the "parents", the child's income does not matter. You need to file paperwork or get an attorney to suspend your child support order. You will still owe any arrears, if any, at the time of suspension and will have to pay them. You are entitled to child support if the child lives with you and can apply for services for support at the local Child Support Enforcement Office is you decide to seek support. Do not just stop paying support....get an order to stop paying in your court file.

Answer 9

At 16 1/2, get over it.... it is not all about the money. You have paid through the nose up till now. You have a daughter that must love you and wants to spend time with you. If she changes her mind in 60 days... You do not want her to go back to her mom and listen to her mom ***** about how she cost her money by moving to your place. In 18 months she will be 18 and you will be done paying and the hero in her eyes for not shorting her mom.

Answer 10

You cannot get child support reduced because the child got a job. If she wants to move in with you, you have to get a court order stating that the child support to her mother with cease once she moves in with you and you may then request support from the mother if you wish.