child support awarded to noncustodial parent

[fighting4mykid]

My son in law has a child with a previous girlfriend, at the time they separated the mother left the child with her dad my son in law,, they have been separated for 2 years, the child is now 4yrs old. The mother hasn't provided any support nor has she contributed any type of care for the child ie clothes food She only sees the child at times 1 day a month if that,, The mother is receiving aid from the state for the child even though not having the child,, now there is a state order for the father to pay child support to her even thou she doesn't care for the child. The father was served but didn't go to court so I'm assuming it was ordered on default. They have starred to attach his wages now. There is no child custody order. Is this legal ? What is our options at this point?

 

[I'mTheFather]

My son in law has a child with a previous girlfriend, at the time they separated the mother left the child with her dad my son in law,, they have been separated for 2 years, the child is now 4yrs old. The mother hasn't provided any support nor has she contributed any type of care for the child ie clothes food She only sees the child at times 1 day a month if that,, The mother is receiving aid from the state for the child even though not having the child,, now there is a state order for the father to pay child support to her even thou she doesn't care for the child. The father was served but didn't go to court so I'm assuming it was ordered on default. They have starred to attach his wages now. There is no child custody order. Is this legal ? What is our options at this point?

Yes, it was ordered on default. Totally legal, assuming this occurred in one of the 50 states you neglected to mention.

 

[fighting4mykid]

Just noticed that,, sorry,, we live in Idaho.
The father is young , which is no accuse, but I believe that he didn't understand the gravity of the situation he is now in. In the court paperwork it says the child is living with her mom, which nope the mother doesn't contribute any financial or physical care for the child.

 

[I'mTheFather]

He'll need to file for paternity and custody of the child in court. He needs a lawyer.

 

[Zigner]

To be clear - there is nothing *you* need to do about this (or can do). If you like, you can help pay for an attorney to try to unravel this mess.

 

[stealth2]

My son in law has a child with a previous girlfriend, at the time they separated the mother left the child with her dad my son in law,, they have been separated for 2 years, the child is now 4yrs old. The mother hasn't provided any support nor has she contributed any type of care for the child ie clothes food She only sees the child at times 1 day a month if that,, The mother is receiving aid from the state for the child even though not having the child,, now there is a state order for the father to pay child support to her even thou she doesn't care for the child. The father was served but didn't go to court so I'm assuming it was ordered on default. They have starred to attach his wages now. There is no child custody order. Is this legal ? What is our options at this point?

Of course it's legal. He was served and ignored the hearing, so he was judged in default. Now? He needs a lawyer. There is no "we" about it.

I'm not understaning how he's your son in law, without his being married to your daughter.

 

[fighting4mykid]

Stealth 2,,
In reply to your response which I do thank you for taking the time to do. BUT never in my thread did I mention my daughter or them being married. I do thank all of you who have taken the time to reply , as I am seeking advice to help YES CLEAN UP THE MESS. Yes I am aware that this isn't my fight. When my daughter has asked me to help with the situation regarding my granddaughter yes even thou she isn't blood she is still my granddaughter, then yes I will help, my daughter is the one who feeds her buys her clothes, toys, my daughter every night gives her a bath reads to her as she's falling asleep, when sick it's my daughter who nurses her and yes she is a nurse . Its my daughter who that little girl calls mom her bio mom she calls by her name.
I am on this forum looking for advice that can help me help them.

 

[stealth2]

Stealth 2,,
In reply to your response which I do thank you for taking the time to do. BUT never in my thread did I mention my daughter or them being married. I do thank all of you who have taken the time to reply , as I am seeking advice to help YES CLEAN UP THE MESS. Yes I am aware that this isn't my fight. When my daughter has asked me to help with the situation regarding my granddaughter yes even thou she isn't blood she is still my granddaughter, then yes I will help, my daughter is the one who feeds her buys her clothes, toys, my daughter every night gives her a bath reads to her as she's falling asleep, when sick it's my daughter who nurses her and yes she is a nurse . Its my daughter who that little girl calls mom her bio mom she calls by her name.
I am on this forum looking for advice that can help me help them.

I'm just trying to figure out what relaton to you this man (not to mention the child) is. Now you have clarified - he's not. Sorry if you think it's rude, but that's the legal reality.

And your daughter is wrong, wrong, WRONG to allow this child to call her Mom. She's not. Why is Daddy not doing the parenting of his child? Why is he not here asking his own legal questions? Your daughter can do nothing - LEGALLY - and neither can you. Even if you call a lawyer.

 

[single317dad]

In addition to going to court, Dad also needs to get his backside down to Health & Welfare and inform them that he is (and has been) the custodian of the child for quite some time.

http://healthandwelfare.idaho.gov/FoodCashAssistance/tabid/59/Default.aspx (assuming the welfare case is also in Idaho).

Expect Mom to cause a stink when she loses her benefits.

 

[I'mTheFather]

In addition to going to court, Dad also needs to get his backside down to Health & Welfare and inform them that he is (and has been) the custodian of the child for quite some time.

http://healthandwelfare.idaho.gov/FoodCashAssistance/tabid/59/Default.aspx (assuming the welfare case is also in Idaho).

Expect Mom to cause a stink when she loses her benefits.

Yes, she may cause a stink. She may take the child. There are no custody orders and they weren't married.

 

[Proserpina]

It would appear that OP's son is actually reimbursing whatever cash assistance Mom received.

 

[I'mTheFather]

That's true. Just saying he should file for custody first, IMO. (Or should have said. )

(It's OP's son-in-law. )

 

[BL]

It would appear that OP's son is actually reimbursing whatever cash assistance Mom received.

I did not see this ,never the less it's her obligation to notify assistance of a change shorty after it happens . It's call fraud.

As was said Dad should go down with proof and report it.Yes she could cause a stink ,she can also be charged with fraud.

 

[stealth2]

(It's OP's son-in-law. )

OP never said he was married to her daughter.

 

[Ohiogal]

OP never said he was married to her daughter.

She referred to him as her son-in-law in the first post:

My son in law has a child with a previous girlfriend,