When you pay child support, that money goes to allow the children’s other parent to provide for the children’s day-to-day needs. So, what happens when you or someone other than that other parent becomes the person who provides for that child on a day-to-day basis? Generally, there are certain circumstances in which the payor parent can offer what’s called an “equitable defense” against paying the full amount of support. One of these defenses is triggered when the child being supported ceases being supported by the custodial parent. In other words, you may have a case for not owing a portion of your child support obligation not only when a child moves in with you, but also when a child moves in with a grandparent or aunt/uncle or so forth. For answers to all your child support questions, contact a skilled Florida family law attorney for the information you need
One Florida family recently encountered this type of issue. The couple’s divorce action included a marital settlement agreement that laid out terms for child support. The agreement stated that the father would pay the mother $820 per month in support of the couple’s three children. The agreement also contained conditional terms for when each child became “emancipated” (turned 18). For support of two children, the amount stated in the agreement was $673 per month.
In 2016, the mother went back to court seeking an order of enforcement and/or an order holding the father in contempt. The mother alleged that, in June 2015, the father unilaterally started paying a reduced amount of child support, with modification order from the court. The father fought back, arguing that he was entitled to pay a lesser amount because the couple’s eldest child had switched from living with the mother to living with him.