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  1. #1
    Join Date
    Apr 2010
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    4

    Default Support for Child Not Living With Custodial Parent

    My question involves child support in the State of: California

    My step-daughter lived with her mother untill a few months ago. My husband pays child support to her mother. My step-daughter decided she wanted to live with her aunt and uncle and her mother consented. They have not filed with the courts for legal guardianship, but they are now asking for the child support to be sent to them. Her mother wont give them the money.

    They have asked my husband to change where the money goes, but can he even do this if they don't have LEGAL guardianship? My husband thinks that because the mother said she could live there and gave them permission to change her school and such that all he needs to do is tell Support Services to change it or have the aunt and uncle open a child support case on their own.

    My MAIN question is: Do they first have to file for legal guardianship in order for child support services to change the the support order over to them? If so, and they are granted guardianship, can they then collect from her mother too? The child is 17 so I am also wondering how difficult it is to do this(do we need a lawyer??) and if its worth the time and expense.

    Thanks for any help.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Support for Child Not Living W/ Custodial Parent

    your husband is required to follow the court order as written. He does not have the authority to unilaterally alter any part of it. If the relatives want the CS, they need to file with the courts.

    Your husband could file to modify the current order based on the situation. The courts could conceivably alter the order to require him to pay the relatives at that time if the facts are presented to allow that.

    and yes, they could conceivably collect from the mother as well.

    so, your husband has two options: continue to pay the order as it stands, or, seek a modification to reflect the new living situation.

    You have mentioned nothing of the custody and visitation order. That could affect what happens here as well.

    If it were me, based on the fact you have presented nothing that would show your husband objects to the girl living with the aunt and uncle, I would not do anything unless the relatives or the mother initiates a court action.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
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    4,494

    Default Re: Support for Child Not Living W/ Custodial Parent

    Why isn't the child living with her father?

  4. #4
    Join Date
    Apr 2010
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    4

    Default Re: Support for Child Not Living W/ Custodial Parent

    She is not living with us because we live 4 hours away. She did not want to leave the area she grew up in. Her aunt and uncle live near her mom and grandparents.
    My husband has visitation but not physical custody.

  5. #5
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: Support for Child Not Living W/ Custodial Parent

    So your husband is ok with letting the inmate run the asylum? Ok... I'm just confused because where I come from, children don't get to make these decisions, but I guess I'm from a different time and my parents didn't let their kids run them.

    Well, your husband has to follow the court order to the letter. If the grandparents decided to petition for legal guardianship (which means your husband has to give his ok as well), then family court can get involved with the issue of child support.

  6. #6
    Join Date
    Apr 2010
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    4

    Default Re: Support for Child Not Living W/ Custodial Parent

    Quote Quoting CourtClerk
    View Post
    So your husband is ok with letting the inmate run the asylum? Ok... I'm just confused because where I come from, children don't get to make these decisions, but I guess I'm from a different time and my parents didn't let their kids run them.

    Well, your husband has to follow the court order to the letter. If the grandparents decided to petition for legal guardianship (which means your husband has to give his ok as well), then family court can get involved with the issue of child support.
    I dont recall giving the reasons WHY she no longer lives with her mother or WHO initially decided she shouldn't live there anymore, but go ahead and make your assumptions, I dont see how those details have anything to do with what my question was. Everyone did what was best for this situation, causing the least chaos for her and everyone involved. Aside from the financial situation, all parties are quite happy and the child is excelling.

    Why so judgemental??

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Support for Child Not Living W/ Custodial Parent

    Quote Quoting Kscrib
    View Post
    I dont recall giving the reasons WHY she no longer lives with her mother or WHO initially decided she shouldn't live there anymore, but go ahead and make your assumptions, I dont see how those details have anything to do with what my question was. Everyone did what was best for this situation, causing the least chaos for her and everyone involved. Aside from the financial situation, all parties are quite happy and the child is excelling.

    Why so judgemental??


    Probably because of this:

    My step-daughter decided she wanted to live with her aunt and uncle and her mother consented.

    CC's point is that as the child in the situation your stepdaughter really shouldn't be the one deciding where she wants to live.

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Support for Child Not Living W/ Custodial Parent

    and to support that, the daughter cannot make the decision where she lives.

    In fact, legally, the mother cannot make the decision either as there is a court order in place that states where the daughter will live.

    I didn't want to get into the living situation as it could get really confused and unless somebody wants to demand something, it is what it is.

    My only intent was to address dads requirements.

  9. #9
    Join Date
    Apr 2010
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    4

    Default Re: Support for Child Not Living W/ Custodial Parent

    Child had an unstable home life with mother.
    Mother was recently divorced from 2nd husband, two small children at home, and going through a difficult time. She(mother) expressed she was overwhelmed and couldn't handle life.
    Whole family became aware at the same time.
    Father talked to daughter about living with him.
    Daughter thought that was fine, but was scared. Moving far away from entire family, friends, sports team, etc.
    Aunt and Uncle called father and offered to let her stay with them. They are in the same town she grew up in.
    Father and mother had no problem with this, the aunt and uncle are great people, and when presented with the option she chose to stay there in that townnear her baby brothers, grandparents cousins and friends.
    Yes, she was given a CHOICE. Again, she is 17 years old. But the decision was not hers alone.
    I just wanted to know was if they had to have LEGAL guardianship to collect support. I didn't know I'd be picked apart and examined under a microscope.
    Thank JK for answering my question.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Support for Child Not Living W/ Custodial Parent

    Consider us a friendlier version of court

    (No, seriously - if you think it's rough here, wait till y'all get in front of a family law Judge...)

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