If awarded child support during a divorce and the father moves back into the house where the child resides is he still responsible for paying the court ordered child support? I am asking because my ex-husband moved back into the house and would only write a check for half of the mortgage because in the divorce decree it states that if he pays any money towards the house he gets to file the house on his taxes at the end of the year. So he is getting his money back for being here and getting away without paying child support for the months that he was here. I am filing for a modification in support and I need to know can I also get him for non-payment of child support?

Yes and no. The courts may see that since he is living there they may not grant it. But in reality he should have gone back and had it changes as custody has changed from the original order.

As calif said it is a mixed answer. He should have gone to court when he moved in for a modification because (at least in my state) he could have had it stopped for the time being then you would have to go back to court when he moved out again. Being that he would be with the kids equal time that way and paying some of the household bills rather than support. There is no need for him to pay the entire house payment unless his support was that high and he didn't help out with anything else. What are you wanting modified? Are you trying to get more or less money?

If my son moves in with his father will his father still owe me child support. My son is 11 yrs old . I have agreed to let him move to his dads. Will I be responsible for child support