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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27585
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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14 year old grandson has been living with his dad 4 months

Customer Question

14 year old grandson has been living with his dad 4 months his mother called his dad to come get him because she can't deal with his school grades anymore he let them slip a gain. Living with his dad he has made honor roll. 3 months ago the mother was sent papers to stop child support she said she would sign them and mail them off. Well the mother did not she said she didn't remember what she did with them. So he had more sent to her now she says she will do them and have them notarized when he has the Childs cell phone switch to his plan. Will the dad be able to get the child support back for the months the child has been living with him the child refuses to go back to his mothers to live.
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.
I certainly understand the situation and your concern. Was the father paying the support directly to the mother or was it being deducted from his paycheck?
Customer: replied 2 years ago.
Expert:  FamilyAnswer replied 2 years ago.
Thank you for the additional information. When the father goes back to court to terminate the support payments and stop them from being deducted from his check, he can address the issue with the Judge. He can advise that he has had the child for 4 months, the mother was supposed to sign the necessary papers to stop child support and just failed to do so and as a result, he has continued to pay her support, when the child was in his care and custody. After all, child support is for the needs of the child and if she did not have him, would not have to meet those needs. As such, he can ask that it be returned, since she would simply be pocketing it, if it was not being used for the child. It would be at the discretion of the Judge but the goal here is to also stop it, through court order, so it is not being deducted moving forward. Until that happens, he will continue to pay. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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