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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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This question deals with child support fairness. I am the non

Customer Question

This question deals with child support fairness. I am the non custodial parent and by child support for my three kids (age 11, 13, 17). My oldest son does not live with his mother any more. I lives with his mother's parents (his grand parents). This has been the case since January 8th 2010 and on March 22,XXXXXdecided it was in the best interest that he live with his grandparents. His mother will not send any child support money to his grandparents. I wanted to send a portion to him or his grand parents directly. But his mom states I would be in child support violation. Basically I am paying child support for 3 kids ($472 per week) and only 2 kids are in the house with the third living outside the house and no child support compensation. All three parties live in FL.
What my options? I do not think it is fair to pay for three and only 2 kids receive the compensation
Thanks
Todd
Submitted: 4 years ago.
Category: Family Law
Expert:  Brandon M. replied 4 years ago.

Hello there:

 

you said that "the court decided it was in the best interest that he live with his grandparents." What is the current custodial order with regard to that child? Do the grandparents have guardianship? What are their custody rights?

Customer: replied 4 years ago.

 

What is the current custodial order with regard to that child?

I am not sure I understand the question?

There were no modifications made to my martial settlement agreement from the court date on March 22, 2010. My son got into a legal issue relating to a battery charge with my daughter and the state procecutor requested that my son live with his grand parents which he has been doing so since Jan 8th, 2010.

 

Do the grandparents have guardianship?

I am not sure what the term gaurdianship means?

I recently received a letter from the Volusia Country Court stating that my son needs to appear in court for a fudical review hearing to consider placement issues. It states that I do not need to appear because my son is in the care of his grand parents but I plan to attend. It is Auguest 3rd.

 

What are their custody rights?

I am nor sure

Expert:  Brandon M. replied 4 years ago.

Here are the circumstances:

 

until there is a modification to the child support order, there is no basis for withholding support from the mother. Whether the support should continue while in the grandparents' care depends on what custody rights have been awarded to them. If the grandparents have a right to guardianship (which is basically where a non-parent has parental powers), the support order could be modified so that mom does not get paid any further. However, the grandparents could hypothetically seek support from you if they had guardianship, so the money would just be going to them instead of to mom.

 

I hope that helps. Let me know if I may be of further assistance. Thank you.

Customer: replied 4 years ago.

 

I am not sure I explained the situation in detail. your answers makes sense but I have a follow up question. I am dealing with a mother who refuses to send any money to her parents for her child.

 

until there is a modification to the child support order, there is no basis for withholding support from the mother. I do not plan to withhold payment or send anything directly to her parents in a reduction from what I send the mother.

 

HERE is the part I need more info on:

Whether the support should continue while in the grandparents' care depends on what custody rights have been awarded to them. How do I find what rights of custody have been awarded to the grand-parents?

 

If the grandparents have a right to guardianship (which is basically where a non-parent has parental powers), the support order could be modified so that mom does not get paid any further. So if the right to guardianship has been granted to grandparents, I could seek to modify the support order and pay support to the 2 kids that live with their mom (my ex) and seek to order support paid directly to the grand parents as they have guardianship? Could I also seek to make that retro active to the March 22,date?

 

However, the grandparents could hypothetically seek support from you if they had guardianship, so the money would just be going to them instead of to mom.

This is exactly what I want to do assuming they have guardianship but I am dealing with a women who does not want to cooperate

 

Thanks

Please see if you can clarify and of my questions

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Brandon M.
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