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  1. #1
    Join Date
    Jun 2020
    Posts
    1

    Default We Have the Children, She Has the Child Support

    My question involves a child custody case from the State of: TEXAS
    My husband and I have had our two grandchildren for over 12 years. The mother (our daughter) has joint custody with the father who is not present in their lives. The mother is semi-involved in the lives of the children but they live with us. We have paid all the bills, provided for them, kept them on a private insurance policy, paid school tuition, doctors bills, dentists, absolutely EVERYTHING associated with raising a child. We became aware that she has received child support for them for the 12 years they have been with us. Isn't this fraud to keep the money and not have the children?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,940

    Default Re: We Have the Children, She Has the Child Support

    We became aware that she has received child support for them for the 12 years they have been with us. Isn't this fraud to keep the money and not have the children?
    No.

    SHE was awarded the child support. SHE is the custodial parent. You do not have court ordered custody.

    You are giving her a gift by taking care of her children.

    You are free to rat her out to the father who is paying her. He can go back to court and seek a change to reduce or eliminated the support. But you might want to leave that sleeping dog lie. If it looks like she will lose the money she is likely to take the children back.

    Or, you can just return her children to her.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,957

    Default Re: We Have the Children, She Has the Child Support

    Quote Quoting Dog Lover
    View Post
    Isn't this fraud to keep the money and not have the children?
    Was the child support order entered while she had the kids? If so, the answer is clearly no. The court awarded her the child support to be paid by the father and she is entitled to get that until the father gets a change in the support order or the child support ends when the kids become adults. Simply keeping the support payments after she gave the kids into your care wouldn't be fraud. The father should have kept track of where his kids were living and moved to terminate or modify support when they no longer were living with the mother. If he didn't bother to keep track of that, then that's on him.

    She would have committed fraud on the court if she lied to the court representing the kids were living with her when in fact they weren't. So if the support proceeding took place after you had the kids living with you she might have committed fraud. You'd have to look at what representations were made to the court to figure that. Even if she did, that is something for the father to pursue as he's the one that's been paying the support.

    In any event, if you wanted to get support payments, you'd have had to have a custody order from the court and then you could have sought child support payments from both parents. From what you said, though, it sounds to me like you've been caring for the kids but never did get a custody order from the court, which if correct leaves you out on the outside of things when it comes to support.

    You might want to see a family law attorney to see what options you have at this point and what it will cost to pursue them.

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