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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118087
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My granddaughter has been living with me since Nov. 17th

Customer Question

My granddaughter has been living with me since Nov. 17th 2014. Before that she was living with her dad. For the last year I have had the child support card which is in her mothers name. The mother has not paid child support in years because she had custody of Jen but she let her go and live with her dad and he was just so glad that he didn't ask for child support. Child support has always been taken out and put on Sara (the mother) and she would just give the money back to my son, until I started taking care of Jen. A new child support card was issued last month and Sara has refused to let me have the card. It is my son's money that is on the card not hers. I don't think she has the right to keep it when Jen doesn't live with her and the money does not come from her. I told her I was going to get the card one way or another. I also told her I plan on claiming Jen on my income tax seeing as she has lived with me this last year. Jen just turned 18 on Tuesday but money is still coming on the card because he got behind when he had a melt down because of the death of his 19 month old son. The mother is remarried and her husband has three sons. A couple of years ago they were taken away from them because of abuse from Sara and that basically is why ***** *****ves with me. Please help me on this. I don't have alot of money. I only work part time. If you can be of help in anyway I would so appreciate it. Thanks in advance. A tire grandma.....Janette
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
She does not have a right to keep the money. If you are guardian and your son granted you that guardianship, that money belongs to you. So, if she refuses to give you the money, then you can contact child support enforcement and you need a notarized affidavit from your son attesting that he had custody and he granted you temporary guardianship/custody of the child and that he nor you have received the support money due, they will pursue Sara for the money due. If not, you can go to legal aid and seek their assistance to file suit in court against Sara for the money that you are due for having custody over the child.