My daughter moved in with her mother, who was the non-custodial parent. Do I have to pay child support?

Q: My daughter who is now 19 yrs old moved in full time with her mom. We had shared custody before and since her mom made more money, she is ordered to pay my child support. Now that our daughter lives with her full time, can she petition for me to pay her child support? even though my daughter is now 19 and goes to college? We live in Westchester County in NY. Is there any way for me to avoid paying support?

A: In theory, she could. Whether she’ll be successful, however, is a different question. Usually a court will find that if custody is switched, it constitutes a “substantial change of circumstances.” But one would also need to review any separation/settlement agreement to see what the basis it to modify support. Schedule a consult with a Westchester Child Support attorney for a full assessment.