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Unfortunately, when someone other than the parent has custody, BOTH parents are legally liable for child support. The custodians really have no legal choice as to who the state proceeds against for support and the court has to grant support against both parents I am sorry to say.
You can file to withdraw the entire support action and agree to waive support if you like, which would mean against both parents, but the court will not allow a custodian to pick and choose which parent has to pay support when neither parent has custody because the law states clearly that both parents are liable for support.
You can go to court though to withdraw your petition for support or file a waiver of child support in the court and waive rights to child support if you choose, but that means waiving the right against both parents.
Thank you for your reply.
Withdrawing your petition could generally affect your other government benefits I am sorry to say. If you have applied for medicaid or welfare assistance for the children, then medicaid or welfare will pursue the mother and father both for payment and you could not stop that. So you are really in a catch 22 type situation regarding getting benefits or getting your daughter to collect.
You can file a motion for telephone appearance in the court and it is up to the court to agree to that or not, but you need to do that this week ASAP or you will have to appear.