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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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My sonsex uses his hard earned child support money for herself

Resolved Question:

My son'sex uses his hard earned child support money for herself and brags about it. Right now our grandson is wearing clothes we have bought him or his other grandmother has bought him. Our son is living with us because he can't afford to live on his own now. She has taken out so much of his check he can't live. Our grandsons shoes were actually falling apart. She doesn't work. Just lives off him. This isn't right. One man after aonther living with her, Isn't there something that can be done?
Submitted: 6 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Have you considered filing for custody yourself, or have your son file?
Customer: replied 6 years ago.
He tried, her mom and step dad had loads of money. Andy doesn't have the funds to fight her anymore. He's still paying for the last lawyer.
Expert:  Dimitry K., Esq. replied 6 years ago.
I am sorry to hear that. Does your son currently work? What type of a custodial situation does exist?
Customer: replied 6 years ago.
Yes, he works nights as a manager at Walmart. She brings him by when it's convenient
for her.
Expert:  Dimitry K., Esq. replied 6 years ago.
What exactly is the custodial situation--she has full custody? Or does he have custody and/or visitation rights?
Customer: replied 6 years ago.
They shared custody until she remarried last year and was married 3 months. She lived in Kentucky so the judge gave her total custody. That's when Andy fought her and lost. She moved back here. She's not working and in that year she decided to back up and ask for more child support. So right now he's paying almost $800.00 mo. with the extra she got added to what he was already paying. Sometime early next year it will go back to roughly 300.00 a month. He is just lost. Right now he gets visits.
Expert:  Dimitry K., Esq. replied 6 years ago.
I am very sorry to hear that. When exactly did he lose? When was the last hearing?
Customer: replied 6 years ago.
I think it was last spring 09. She is now diagnosed bipolar.and our grandson did not want to live with her. He wanted to live with his dad. She has a history of leaving her daugher when she was 4 months old to run off with another man. This was before my son married her. He didn't know this. Well, her husband devorced her and she lost custody of her daughter. When she married our son, she started getting some of her rights back. Well, after 2 years, she started straying again. She started drinking and staying out all night but Andy would not leave. He stayed with the children. He made he write a note stating she asked him to leave. Well, Dumb Andy let her get the lawyer because he trusted her and she turned on him and made it look like it was all his fault. He got to see Dalton every other weekend and paid child support. She moved men in left and right but he couldn't do any thing about it.
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your follow-up.

SInce it has been more than a year, your son is free to seek a modification of custody, especially if he is unable to see the child at set intervals. In that situation he may also file a petition demanding that the mother be charged with contempt of court for not providing him with enough access to the child.

In terms of what he can do now, the best (and only) option is to seek a modification. That would lessen her custodial rights and in the process lower your son's payments. If he can also show evidence of her unfitness (neglect of the child, drug use, etc..), then his chances of gaining a greater role increase correspondingly.

Good luck.

Edited by Dimitry Alexander Kaplun on 10/2/2010 at 10:00 PM EST
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