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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Hello, My name isXXXXX I am the non-custodial parent

Customer Question

Hello,
My name isXXXXX I am the non-custodial parent of a 14 yr. old girl. My daughter is living with a gaurdian, as I did not lose custody of her. I did not willingly surrender custody or gaurdianship, it was taken from me. I didn't understand my rights at that time and I didn't have a lawyer. My daughter's father passed away approximately 3 yrs. ago. My daughter was awarded his social security payment of $1,400 per month that is going to her gaurdian. At the time of the hearing for custody, there was no judgement for child support from the courts. I have never heard a word and although I'm unemployed now, when I was employed, I didn't have my wages garnished. Now this gaurdian is saying that I'm in arrears of $900. She is telling me that I will be put in jail in a work camp to work off this sum. She says there's a letter coming from her attorney of how much payments I owe and that when I do pay, I'm to write out the check to her, the gaurdian. Is this correct?
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.
Good morning Danie,

I'm sorry to hear of your dilemma.

First of all, as a parent whose child has been taken and placed with a guardian, you can be ordered to pay child support. However, unless the court has already entered a child support order against you personally, you are not obligated to pay money to the guardian. You can not be in arrears in paying child support, unless and until there is a court Order of child support.

You should ask the guardian for proof that the court has ordered you to pay support. If the guardian can not prove there is a court order, then you don't owe the guardian, or anyone else, child support.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

Expert:  LawTalk replied 5 years ago.

Good afternoon,

If I can help you with anything else, please feel free to ask me.

Best regards,

Doug

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30 years legal experience. I remain current in Family Law through regular continuing education.