My ex wife, whom I have been divorced from for 13 years is now remarrying and is moving. We share custody of a 16 year old. When she decided to marry and move, she asked me whether our child could move in with me, so he could stay in the school he has been in for 12 years. I agreed with no hesitation. Now as we get closer to the date, she informs me that there should be no change in child care. I currently pay her 2700 per month. I have recently retired and my income is a quarter of what it used to be and since our divorce her income has more than doubled. In fact she makes more money than me. Based on calculators, my support should be no more than 1300 per month. Two questions. Is my position to renegotiate the child support well founded, and can my child, who is very connected to his school and the community, be a part of deciding whether he should stay in his current town? She is now threateneing to not give me custody and move him to a new school

"Why did she change her mind and start threatening you

None of this should happen without first going back to Court and getting the Court Order revised to meet the current situation.

No matter WHERE the child lives, no matter WHAT the circumstances, the original Court Order is in effect until it is modified/changed by another Court Order - and that includes all monetary issues.

At 16, I think the child should have a say in where he wants to live. It should NOT be solely his decision, but his thoughts should bear some weight on the decision.

Go back to court for a change in support. Since yours, and her, income has changed this should be re-evaluated in court.

Your child support is basedon income and you needed to have went for it to be evaluated when your income changed.

Also if the child is going to live with you then you should also get the custody changed.

Find a lawyer tomorrow and go back to court. File for a modification of support as well as custody.

There are a lot of factors working in your favor here. First, if you have a visitation and custody plan, she cannot unilaterly change it by moving. Second, if you take primary custody, its entirely possible that she will end up paying YOU child support.

Get back into court immediately. She is trying to take you for a ride.

Well the question here is whether there is court ordered support. I would imagine there is since this was the result of a divorce. But you haven't made that clear.

Assuming there is, you should have gone back to court for a modification as soon as you retired.

As for your getting custody, I would say there is a 90-10 chance you will, whether she likes it or not.

As Steve mentioned, if you have a visitation schedule in place, she cannot move without court permission if it materially affects that schedule. While a 16 yr old can't make the decision as to who to live with (only a judge can) their preference and the fact that he has strong ties to the school and community, will most likely result in a judge awarding you custody. And, once you get custody, you won't be responsible for support, but can ask for support from her.

You would be well served with getting your own attorney, especially if she has one. But, I would, ASAP, file in court for a change in custody and support.