DivorceNet®

Thanks BF. I think I'm arguing more to myself. Really hate to go this route...appreciate your thoughts!

Neither of the boys live with her at all or am i miss reading that? If neither of them are with her, why are you paying CS at all??

"Neither of the boys live with her at all or am i miss reading that?"
You read it correctly.

"If neither of them are with her, why are you paying CS at all??"
The simple answer is: that's what's in the order. Until a judge approves a modification of the order, it stands, whether it reflects changed circumstances or not. He wants the order modified to reflect reality.

"I guess the simple question is ... what are my chances on being able to eliminate the $600 child support payment on my son who lives in the group home?"

<~~~looking into my crystal ball, here!

I believe the chances of eliminating the support for your disabled son is excellent.
Now, if your younger son was still residing with her, she would probably have counter filed an upward modification to have the support recalculated for the youngest. Depending upon your current income (assuming it's higher 4 years later), you might have ended up paying somewhere between 600 and 1200 for your second child.

Now that is probably the question that is going to arise in court regarding your younger son. You will probably be asked to bring in financial documentation, at which time the judge might decide to do that recalculation. That's the point in time, the revelation that your son is living with you will come up. If parenting time is already a factor in child support, judge might still allow some to go to her household, but less than 600. If not, you may be advised to file for primary custody change.

Just some scenarios of what could happen. Dang crystal ball is busted and won't tell me for sure! :)

I don't know if it's clear to all the posters here, but the original poster is paying $1200/month in support to his ex...none of it is going to the state for the child in the group home. She hasn't had one child for 2 years, and the other for just under a year. He's overpaid over $21,000. What if you did that with your electric company, and they refused to refund it, calling it a gift.....it would be front page news in more than just here; it would be worldwide news. Yet, in family, law, it's just another day.