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Do you still pay child support to a mother that lost custody of the child?

Discussion in 'Child Support' started by amyandchris, Nov 10, 2012.

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  1. amyandchris

    amyandchris Law Topic Starter New Member

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    Three years ago my husband filed for divorce from his then wife whom he has a minor child with. She was awarded custody, and he was given visitation though it had to be at the grandfather's house (the ex wife's father) and we live a state away so visitation has never happened. My husband was made to pay nearly $500/month child support (which has nearly killed us most months!). He has paid that every month now for almost 3 years. We just found out last night thru a friend in GA (we live in FL), that the child was taken away from the mother by DFACS nearly a year ago and cusotdy was awarded to the grandfather (her father). All this without anyone letting us know! So my question is actually 2 things: First, shouldn't my husband NOT be paying child support to her since she no longer has custody of the child? And second, shouldn't my husband be able to go back to court and fight again for the chance of custody of his child? Thank you!
     
  2. army judge

    army judge Super Moderator

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    Anyone, at anytime, has a constitutional right to avail themselves of our justice system.

    Yes, hubby can petition the court to be hear his concerns.

    Hubby can do it himself, pro se.

    Or, I suggest hubby hire an attorney to do it for him.

    Will hubby prevail?

    Well, that's for the court to decide.

    So, off hubby must go to court.

    But, if hubby does prevail, he still won't get the child support monkey off his back.

    Why?

    Because, her father (or grandfather) will simply petition the court to get the child support sent to them.

    After all, he still is responsible for contributing to the support of his child.

    Hubby really needs to visit a lawyer.

    Hubby should do that, not you.

    Yes, you want to help.

    But, hubby needs to understand his rights and responsibilities directly.

    Anyway, I wish everyone well.


    Sent from my iPad3 using Tapatalk HD
     
  3. shrinkmaster

    shrinkmaster Well-Known Member

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    If your husband is paying support then that support should go to whomever is caring for child which in this case is not Mom. Why was visitation done at Grandfatehr's house and why did it never happen these might be important issues. Your husband should start contacting lawyers for advice even if he does not hire one. Many offer free consultations so you can get needed info during those chats
     
  4. Proserpina

    Proserpina Moderator

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    Why is that?

    How old is this child?

    Yeah, I'm sure.



    In other words, Dad did absolutely jack squat?
     
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  5. mightymoose

    mightymoose Moderator

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    Dad should keep paying child support to mom until the court relieves him of that obligation.
    For all you know mom takes that money and gives it to the grandfather, but grandfather has no claim to it until the court orders it so.
    If dad stops paying he might end up complicating things further. Dad has himself to blame for not being involved with his children.
     

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