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T

Terrog

Guest
What is the name of your state? California

undefined I am looking for some advice, so if anyone has any suggestions pleae write or email me.
5 1/2 years ago me and my x-wife seperated we fought over our 2 sons for almot a year before my x-wife left the youngest one with my mother in law, she has ssince become the legal guardian of my son, and I have paid child support to him through the child support office of the DA the 2 counties the support has been claimed in.
My mother in law moved from the state of callifornia to the state of missisippi, with my son. I thought they had just changed counties, because I got paperwork from both the counties saying the child had moved. After I today found out they had left the state, I again looked through all my paperwork and discovered that when the change of counties happend, the name of the payee, changed from my mother in law to my x-wife.
Now my questions are as follows:
1 What obligation do I have when the child leaves the state?
2 Can my x-wife collect the money and forward to my mother in law?
3 If my x-wife falsly has collect money from me, can I sue to get the money back?
4 Even though my mother in law is the legal guardian do Inot have the right
to know if they are moving out of the state?
5 Does the amount of child support change?
6 Who has the right/obligation to collect child support from me if thechild now lives in Missisippi?
Please if anyone has any information that can help post a message here or email me at [email protected]

thanks
 


L

Lil Miss Smarty Panties

Guest
Good lord what a mess. My first question would be, are there any court orders other than child support? Do you have court ordered visitation? Did you exercise it? Were you given any notice of intent to move? How long have they been gone? Who has custody of the other child?
 
T

Terrog

Guest
Yes, my mother in law has a court order that makes her the legal guardian.
No, there are no visitation orders in place, I tried to talk to my x mother in law and work things out, but she told me I could not see my son. I tried to hire a lawyer, but there was no way I could afford it. Now I have been researching and I can do some or most the work my self, but then the case took a completly different turn.
They have been gone 6 -8 months as far as I can tell. My oldest son lives in Norway, where he grew up. He lives with my mother. There are no courtorders that pertains to my oldest son.
 
L

Lil Miss Smarty Panties

Guest
1 What obligation do I have when the child leaves the state?
*A. The same obligation as before.

2 Can my x-wife collect the money and forward to my mother in law?
*A. If I were you I'd call the child support office listed on the paperwork you recieved naming your ex as the one receiving child support. Tell them she is not the person with custody.

3 If my x-wife falsly has collect money from me, can I sue to get the money back?
*A. Yes.

4 Even though my mother in law is the legal guardian do I not have the right
to know if they are moving out of the state?
A* Is there any mention of move aways in the court papers you have? I'm not sure of the laws in CA without looking them up but I *think* CA requires the one with custody to petition the court before moving out of their jurisdiction.

5 Does the amount of child support change?
*A. The amount of child support should be based on both parties salaries and should be based on CA child support laws. ( assuming the court order is in CA) She can't suddenly use MS child support guidelines.

6 Who has the right/obligation to collect child support from me if the child now lives in Missisippi?
*A. The person with legal custody is the one who should be receiving child support. If the original court order for child support was in CA then CA is the state who has jurisdiction. The post is a little confusing but if she opened a new child support case in MS then you need to let MS know that there is already a child support case in CA and MS has no jurisdiction to open a new case.


If you are wanting to be involved in your sons life then you should also file for visitation/custody thru the court.
 
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