Paying Child Support When Child's Not Living At Home

[fightinginms]

My Uncle just paid almost $4,000 to be released from jail for child support. On his receipt it shows that he's current with his payments and he has made arrangements to pay the $13,000 owed and is paying that also.

The problem with this situation, THE CHILD DOES NOT LIVE WITH THE MOTHER AND SHE'S COLLECTING THE MONEY! The child lives with his Grandmother and is not receiving the child support that is for the child.

The mother wanted the child to come live with my uncle for the summer. My uncle said that since the child will be living with him that she has to drop the child support order and she wouldn't do it.

A DNA test was never done because my uncle feels that this is indeed his son. Now that things have gotten out of hand, he's wondering if he should get the test done and if it is determined that the child is not his can he sue her for the money paid?

He also wants to know what he can do about having the money sent to the Grandmother since she is the one caring for the child?

[Dad2]

To answer your question, please fill in the blanks...
Ho old is the child.
How long has he been paying CS.
Is he on the birth certificate

As far as the arrears, mom gets that money, if the child was living with her.
If the grandparents want the money, they would have to petition the court.
Your uncle could take mom back to court to find out why the kids are not with her.
If he took the kids for the summer, he has every right to go back to court, and modify the child support.
If the child isn't his, he can sue, but likely won't win.
By paying support for the last xxx years, he's basically said the child is his.
Does he actually have a healthy relationship with the child?

[DeeCan]

Chances are, it's a little too late for a paternity test now. Of course, he can do one for his own peace of mind; but considering, it probably won't save him anything with the Courts. He's had to have been "Dad" for quite some time to rack up those kinds of arrearages.

If the child is living with grandma, CS still needs to be paid. He can petition the Court that CS is paid to her. If it's only for the summer, however, it probably won't affect the Court's opinion much.

[jk]

He also wants to know what he can do about having the money sent to the Grandmother since she is the one caring for the child?

he would have to file in court for a modification or termination of the current order. If he filed for a termination, chances are it would end up being a modification. As DeeCan stated, if this is only for the summer, chances are nothing is going to change.