[ahjen2]

Hi. I'm new to this site. I'm researching this topic for my husband. He currently has joint legal custody of his son, with his ex having physical custody. This is the order from their divorce, which was 11 years ago. My stepson is now 14. His mom lives up the street from us, less than a mile from our home. My stepson for all intents and purposes lives with us. He calls our house his home. He sees his mom on average about 2 maybe 3 days a week, sometimes less, due to her busy work and social life.
Needless to say, we need to modify the court order. My husband is still paying her child support, even though the child is with us the majority of the time.
We live in NY. Does anyone have any advice on going about this? Is he still required to pay support even though he's with us more than half of the time?

[MsMewiththat]

Yes, he is still required to pay support. If you'd like to go back to the court and ask for joint physical custody or a something similar, it's very possible that you may be able to get a reduction in his support order. Non the less you should revisit the court to get a reduction.

[stinawords]

Until the judge orders otherwise he still has to pay. If he wants more physical custody then he need to go back to court to petition the judge for a modification in custody and support.

[ScottGem]

If you can prove that the physical custody situation has changed greatly, then you should be able to get a modification. Document what is going on and file a petition in court.