Recouping Child Support Payments

[frenchg]

What is the name of your state (only U.S. law)? Virginia
I have 4 children. Three from a previous relationship and one by my (now) ex-wife. When my wife and I divorced, she became the custodial parent due to the fact that I was active duty military. Since the divorce, she has sent the children back to the biological mother, who was deemed as an unfit mother and lost custody, but was only allowed supervised visitation. My ex-wife is still receiving child support payments for the children but now the biological mother is trying to file for child support and back child support. Can my ex-wife be made to make those payments to the biological mother? By the way, my ex-wife and I were granted joint custody of the children during the divorce.

 

[Antigone*]

What is the name of your state (only U.S. law)? Virginia
I have 4 children. Three from a previous relationship and one by my (now) ex-wife. When my wife and I divorced, she became the custodial parent due to the fact that I was active duty military. Since the divorce, she has sent the children back to the biological mother, who was deemed as an unfit mother and lost custody, but was only allowed supervised visitation. My ex-wife is still receiving child support payments for the children but now the biological mother is trying to file for child support and back child support. Can my ex-wife be made to make those payments to the biological mother? By the way, my ex-wife and I were granted joint custody of the children during the divorce.

When your ex sent the children to their mother, why didn't you have the support order modified?

 

[frenchg]

I wasn't made aware that she sent them back until "months" after it happened. I should have done something sooner but I wasn't aware of my rights since we had joint custody and she was listed as the custodial parent. She moved to TX and I had very little contact with her or my children. I was contacted by a relative who told me the children were back with their biological mother.

 

[Antigone*]

I wasn't made aware that she sent them back until "months" after it happened. I should have done something sooner but I wasn't aware of my rights since we had joint custody and she was listed as the custodial parent. She moved to TX and I had very little contact with her or my children. I was contacted by a relative who told me the children were back with their biological mother.

Are you children safe with their biological mother?

 

[frenchg]

As far as I know. I haven't heard anything otherwise.

 

[Antigone*]

As far as I know. I haven't heard anything otherwise.

If custody was taken away from mom by the state and she has the children now, there could be major problems coming your way. This is something you should definitely investigate NOW.

As fas as support paid to the custodial parent. Request an immediate modification of support. In your case I might go so far as seeking the assistance of an attorney to get this done as quickly as possible. You may be able to recoup any monies that she received after the children had been sent to live with mom.

 

[frenchg]

What kind of problems would I be looking for? I called CPS to report that the children were with their biological mother but they just told me to file for a change of custody (which I already have).

 

[Antigone*]

What kind of problems would I be looking for? I called CPS to report that the children were with their biological mother but they just told me to file for a change of custody (which I already have).

I am glad that you called. You said that you and the custodial parent had joint custody. You will need to file for a modification of custody from the CP to you. According to you, the biological mother has no custody whatsoever so what is stopping you from picking up your children?

Has the biological mother filed for anything in court?

 

[frenchg]

There's nothing really stopping me from picking up my children. Only the fact that they are in North Carolina now with the biological mother and I have to find the means to transport them back to Virginia with me.

As far as I know the biological mother has not filed for anything with the court. The only thing I know she has done is file for child support because I received a letter from the North Carolina Social Services stating that she had done so.

 

[mistoffolees]

There's nothing really stopping me from picking up my children. Only the fact that they are in North Carolina now with the biological mother and I have to find the means to transport them back to Virginia with me.

As far as I know the biological mother has not filed for anything with the court. The only thing I know she has done is file for child support because I received a letter from the North Carolina Social Services stating that she had done so.

That may work for now, but I would strongly encourage you to get a court order in place regarding visitation, at least. Ideally, if you can get joint custody, that's even better, but you really need visitation orders.

It doesn't take too long searching this forum to find lots of cases where people had the kind of informal relationship you have - and then CP decides to withhold visitation. Without orders, there's nothing you can do about it if she does.

 

[frenchg]

Are you referring to the biological mother or my ex wife? There was a court order in place for visitation when my wife and I got divorced so that should still be good, right? Or should I do this again when I request the modification of custody?

 

[Antigone*]

That may work for now, but I would strongly encourage you to get a court order in place regarding visitation, at least. Ideally, if you can get joint custody, that's even better, but you really need visitation orders.

It doesn't take too long searching this forum to find lots of cases where people had the kind of informal relationship you have - and then CP decides to withhold visitation. Without orders, there's nothing you can do about it if she does.

Misto, at the moment he has joint custody with the children's step mother. The children are with their biological mother, who is only supposed to have supervised vistis.

I really think the OP needs to pick up his kids before anything happens to those kids.