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A Parent Was Ordered to Pay Child Support to Custodial Grandparents

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  • 01-26-2017, 06:31 PM
    heidi123
    A Parent Was Ordered to Pay Child Support to Custodial Grandparents
    My question involves a child custody case from the State of: California

    Okay, my ex had primary physical custody, we have split legal custody with reasonable visitation. The thrid child there were no orders, as we reconciled for two years when this kiddo was born. He got a notarized statement to let his parents have the kids, under their assumption that I had no custody. I had reasonable visitation (only older two), but ex put a bogus RO on me. The RO expired, but I was ordered one month prior the expiration to pay child support because the grandparents are getting medi-cal (gov aid). Idk how they can get aid in the first place. Ex was ordered a long time ago to obtain their health insurance, but Idk if he ever did. I was never consulted, as I would have taken my children back home, since he sort of abandoned them (due to "health problems" i.e. alcohol problems). I went to court, and got specified visitation, yet how is any of the CS legal? I was not contacted prior to the grandparents assuming that they actually could run the show, and everyone knew I still lived at the same home. Ex also has an old order to pay me CS (minimal for my time with the kids, I suppose) yet he stopped paying in 2008. Standing order, so the balance in arrears would be somewhere around $24,600. We were reconciled for two years, as well, and separated when I got an TRO on him in 2011. I dropped the TRO, but he put one on me in retaliation.

    So, 1. How are the grandparents getting aid, if ex is supposed to have obtained health insurance?
    2. Is the aid legal?
    3. Is the CS against me legal to compensate for the aid?
    4. Who do I contact to straighten this out?

    I have another mediation in June to revisit the CC, because it is half way through the school year, but in the interim, I have another CS court date to explain wth is going on. Would the docs saying that ex is supposed to provide health insurance suffice to excuse me from CS? There is already a CS order against ex for this same case. I have other children and cannot afford to pay money to the state or grandparents, yet I can afford to have my children home, as I have always been a resourceful person.

    Thank you.
  • 01-26-2017, 07:44 PM
    Mr. Knowitall
    Re: A Parent Was Ordered to Pay Child Support to Custodial Grandparents
    If you want to modify custody, file a properly supported motion in the court that issued the order granting custody to the grandparents. If this is a guardianship, petition the court to terminate the guardianship. With the history you describe, I strongly suggest working with a lawyer so that you file the proper motion in the proper court, and so that you can address the various factors that cause the children to end up living with the grandparents in the first place.

    When somebody else is caring for your children under a court order, they may seek and receive child support from you.
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