• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Illegal use of child support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

peanutc86

Junior Member
Missouri: hi, I have a question. I have a friend that was ordered to pay child support to his son. Him and the mother couldn't work things out. Anyways, the child is not living with the mother. They are not even in the same town. So there for he is not in hee custody but she is still being send child support that is not going to the child. Can he fight it in court?
 


Proserpina

Senior Member
Missouri: hi, I have a question. I have a friend that was ordered to pay child support to his son. Him and the mother couldn't work things out. Anyways, the child is not living with the mother. They are not even in the same town. So there for he is not in hee custody but she is still being send child support that is not going to the child. Can he fight it in court?


Please have your friend sign up.

There are going to be question, and you likely won't have the answers.

:)
 

Proserpina

Senior Member
I actually would have all the answers. I am his fiancee. I ment to say my fiancee.

No, you didn't. You meant to say "friend". We're not stupid. :cool:

Now, with that out of the way...

Dad can of course petition the court to modify the current order based upon kiddo not living with Mom.

That will likely result in either Mom picking up kiddo from wherever kiddo is staying now and making the whole thing moot, or the child support simply being diverted to whomever is looking after kiddo.

Dad's still on the hook, either way.

Now, take three steps back and led DAD handle HIS legal matters. :cool:
 

peanutc86

Junior Member
Wow, u r alittle rude for saying that. It's 2:30 am. Simple mistake but whatever. Anyways, dad isn't trying to get out of child support. We all sat down and made the agreement and the state agreed with it. But what I'm concerned about is the mom being able to take all the money and use it for drugs like she has been known to do. And even though she has legal custody of the child but the child isn't where she says she it is, can she get in trouble for it? And can dad petition to get child support dropped until the person who has the child in their possession gets custody?
 

Proserpina

Senior Member
Wow, u r alittle rude for saying that. It's 2:30 am. Simple mistake but whatever. Anyways, dad isn't trying to get out of child support. We all sat down and made the agreement and the state agreed with it. But what I'm concerned about is the mom being able to take all the money and use it for drugs like she has been known to do. And even though she has legal custody of the child but the child isn't where she says she it is, can she get in trouble for it? And can dad petition to get child support dropped until the person who has the child in their possession gets custody?

I was actually being REALLY polite to you given that this is none of your business whatsoever.

But okay, we'll go on.

Dad - and certainly YOU - need to understand that child support goes to the legal custodial parent or guardian. It does NOT go to the child. If Dad has a problem with where the child is (and is there a reason why he hasn't filed for custody?), HE needs to do something about that.

Seriously, read the "sticky" thread at the top of the "custody" forums. Then come back. You'll thank me for it.
 

WittyUserName

Senior Member
Wow, u r alittle rude for saying that. It's 2:30 am. Simple mistake but whatever. Anyways, dad isn't trying to get out of child support. We all sat down and made the agreement and the state agreed with it. But what I'm concerned about is the mom being able to take all the money and use it for drugs like she has been known to do. And even though she has legal custody of the child but the child isn't where she says she it is, can she get in trouble for it??
No. Mom will not face any penalty for this.

And can dad petition to get child support dropped until the person who has the child in their possession gets custody?
Dad can ask, but it's unlikely to be granted. He doesn't want to pay the child support but he has money to drag all of this into court? There are costs involved in getting a hearing on this, you know.

And how lovely that Dad doesn't seem to be interested in caring for the child himself, but rather is only interested in stopping the support. What a wonderful man he must be.
 

mistoffolees

Senior Member
I actually would have all the answers. I am his fiancee. I ment to say my fiancee.
Sorry, but fiancees do not have any right to be involved in someone else's child support matters, either.

The only parties involved are:
Dad
Mom
The state (if CP has received welfare benefits of any type)

Everyone else is equal - I have every bit as much right to be involved as you do.

Have Dad sign up with his own account if he wants help, although the other seniors have nicely given you the answers, anyway. The only problem is that these are generic answers and without knowing exactly what the CS order says, they may be wrong.
 

CJane

Senior Member
Sorry, but fiancees do not have any right to be involved in someone else's child support matters, either.

The only parties involved are:
Dad
Mom
The state (if CP has received welfare benefits of any type)
Or if this is an administrative order. Or if it's handled through dss. Or if OP's 'friend' wants to modify without filing in court.

However, it doesn't really matter for cs purposes if the child lives witn mom or not. As long as dad is paying support and the people who are caring for the child aren't receiving state aid for the child and aren't asking for cs.
 

CJane

Senior Member
I think this is hilarious. So were you all three in bed together when the child was created as well. So I take it the kid's DNA consists of his, hers and yours:rolleyes:

Oh puh-lease:rolleyes::rolleyes::rolleyes:
I don't actually doubt the sitting down and agreeing part. Though I think it's incredibly stupid to agree to ANYTHING below guideline support. I know a whole lot of newly formed families and steps and might someday be steps that tnink 'everyone sitting down together' is a fine idea. :rolleyes:
 

Antigone*

Senior Member
I don't actually doubt the sitting down and agreeing part. Though I think it's incredibly stupid to agree to ANYTHING below guideline support. I know a whole lot of newly formed families and steps and might someday be steps that tnink 'everyone sitting down together' is a fine idea. :rolleyes:
I think it is overstepping, and not a good sign.:cool:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top