Child Support Abatement When Child Not Living with Mother

What is the name of your state? California

I'll try to make this short and simple. My husband fournd out about 4 years ago that he had an 11 year old child with a woman he dated many years ago. She wanted money from him so took him to court and the court made him pay child support, which I'm all for as it's his child but didn't even know about her for 11 years.

Child is now 15 and living with he boyfriend of 18 and sleeping with him, as the mother is a heroin addict and can't take her in. The daughter lived with us for awhile, but the mother pulled her out as she missed the child support money!

Large question here now is.... if the daughter is not living with the mother - therefore the mother is not supporting her, i.e.: putting a roof over her head, feeding her, clothing her, etc., are we REQUIRED to continue paying child support to the mother?

I think not because child support is used to support the child and if the child is not residing with the parent, the money should go to whomever she's living with, or better yet, have her come live with us.

Any help would be appreciated - I'm going bonkers over this; next step is court.

Regards,

Kim Curry
La Costa California

WEll first of all if i found out that my 15 year old daughter was living with a 18 year old man I would be in my car faster than you can say F*ck on my way to get he. If daughter is not living with mom then dad is next in line for her to live with. I would go get her. NOW!!!! Last thing you want is a pregnant 15 year old. Oh and be prepared for the daughter to be really pissed at you for taking her away from the love of her life.

As long ast here is an order to pay support to the mother, he has to pay support to the mother. However, he should also be filing for a modification of custody ASAP.

stealth2 said:

As long ast here is an order to pay support to the mother, he has to pay support to the mother. However, he should also be filing for a modification of custody ASAP.

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And if he is awarded custody, he needs to file to have his support stopped and file to collect support from her.

If he does nothing, support and custody will remain right where it is. He cannot stop paying without a court order that says he can stop paying. Otherwise, he will be in arrears with 10% per year added, can lose all of his professional and personal licenses and end up in jail.