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famlaw lawyer
famlaw lawyer, Lawyer
Category: Family Law
Satisfied Customers: 418
Experience:  J.D. magna cum laude, Alabama,Clerk for Supreme Court of Alabama 2004-2005, practicing attorney
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My mothers temp guardianship termed 6/2007. i let my son stay

Customer Question

My mothers temp guardianship termed 6/2007. i let my son stay with my mother from 11/07 to 2/2008 when he was to enroll in job corp. Instead she moved twice,changed phone numbers without telling me. ga child support is suieng me due to my mom has been getting tanf since 9/09. my son called me 1/09 and is now back in my home. THE PROBLEM i am still being sued for child spt due to my mother is still getting benefits. since she had my son without my knowledge or consent and doesn't have custody can she get child support from 9/09 to present?
Submitted: 8 years ago.
Category: Family Law
Expert:  famlaw lawyer replied 8 years ago.
She gets the child support regardless of the actual circumstnaces as long as a child support order is in place, so, yes. She will continue getting it until you move the court to terminate the child support. This means that you need to go ahead and file for a modification of the child support order as soon as possible.
Customer: replied 8 years ago.
my mother IS not receiving child support she is only getting welfare. she is trying to get child support, court date is 2/11/09. she is trying to get support for my son who is now in my home, who she basically abducted from me since she moved without telling me and is currently receving welfare benefits fradulently since my son is no longer there.
Expert:  famlaw lawyer replied 8 years ago.
Then you need to show up at court and argue that you have custody of the child and your mother is not entitled to receive any child support. No one can dismiss it except for your mother, so if she will not do so you need to go to court. If she does not have custody, and she does not have a prior order stating that you must pay child support, then she will not be awarded anything. But you need to show up.