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  1. #1
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    Default Grandmother Has Legal Custody but Mother Collects

    My question involves child support in the State of: Pennsylvania

    I know a family where the 31 year old daughter does not work and collects support payments from the father of her 9 year old so. (650 per month) In reality the grandmother has had full custody of the 9 year old for 4 years. They hide the facts from the court in Penna. (support is in Conn.) because the grandmother makes too much money and they would recieve very little if any when calculating her wages. Do I have an obligation to say something? Is this fraud?

  2. #2
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    Default Re: Grandmother Has Legal Custody but Mother Collects

    How does the father not know?

  3. #3
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    Default Re: Grandmother Has Legal Custody but Mother Collects

    Who are you in this?

    Has the other parent raised the issue?

    Is Mom actually living with Grandma and the child? Was custody changed through the court?

  4. #4
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    Default Re: Grandmother Has Legal Custody but Mother Collects

    I am a parent of a friend of the child. They sort of brag about the circumstance. Apparently the courts in Conn. granted full legal custody to the grandmother because the mother was incarerated and has drug problems. The mother lives with them. The other parent is now living in Fla. after being released from prison.

  5. #5
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    Default Re: Grandmother Has Legal Custody but Mother Collects

    The other parent must be aware of this, if they showed for court. It is up to them to request the support be recalculated.

  6. #6
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    Default Re: Grandmother Has Legal Custody but Mother Collects

    If dad has been in prison, why do I doubt that he has been paying $650 per month in support. If in fact he has been paying support and believes he has grounds to modify the support amount or to redirect it to grandma, he can bring an appropriate motion with the court that ordered the support payment.

  7. #7
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    Default Re: Grandmother Has Legal Custody but Mother Collects

    The courts have been paying and will try to collect off father now that hes out. State welfare also pays them based on mothers false custody.

  8. #8
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    Default Re: Grandmother Has Legal Custody but Mother Collects

    The other parent can high-tail it back to court and request a modification based on custody being changed.

    However, here's what I think might happen if he does that.

    Since there is evidently not an issue with Mom actually being unfit - given that she's living with the child and presumably taking care of the child at least on a day-to-day basis - I predict (though I don't have a crystal ball) that Mom is just going to go back to court and get custody back from Grandma, and refile based on that.

    If Mom isn't working or is low-income, Conn. can deviate from the guidelines and not count her income at all; Dad needs to be careful here. He needs to figure out if he'll be paying more (assuming Mom gets custody) if Mom refiles than he is currently paying.

    As far as fraud goes, while it's not fair it's also not technically fraud. Dad should have informed Conn. immediately when custody was switched.

  9. #9
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    Default Re: Grandmother Has Legal Custody but Mother Collects

    The courts have not been paying dad's child support. That's not the way things work. If money has been coming from the state, it's one form or another of public assistance.

    If you or dad want to complain to the state that mom's getting welfare benefits to which she's not entitled, I don't see that anything stops you or him. We know less of the circumstances than you do, so we have no way of gauging whether mom is getting means-tested benefits or the extent to which grandma's presence in the household would affect those benefits.

  10. #10
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    Default Re: Grandmother Has Legal Custody but Mother Collects

    Quote Quoting bfw1234
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    The courts have been paying and will try to collect off father now that hes out. State welfare also pays them based on mothers false custody.
    You need to report potential welfare fraud then. They will investigate the issue.

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