misuse of child supoort or not

[mixy]

As of August of this year to date my 2 kids ages 10 & 12 have been staying with my mother in the town near by. They are there because I am in the middle of dealing w the foreclosure on my home and before school started I couldn't be sure as to when I would have to leave the house and due to what my financial situation was (and still is) I am unsure of where I will end up living when the foreclosure is finalized. I consider it in the best interests of my kids to be with my mom so they wouldn't have to switch schools during the school year and because I am unsure of where I will end up having to live. Because they attend school while living with their grandparents I had to give my mother temp. guardianship for the duration of the school year only for the purpose of making medical and educational decisions for the children. The children were involved in this decision making and expressed that they did want to live w their grandparents and not their father, as living with him was an option I gave them. Their father pays child support to me every week. It is taken from his check by his employer and sent to the child support division. Then put onto a state issued debit card. He is upset that the kids are not living with him. So he is out for revenge. He claims he is in the process of reporting me for misuse of child support because I am not giving the child support to my mother. So my question is, does he have a case? Can he do this? Isn't this a matter that is between my mother and I? She has never asked for the supoort. As my financial situation at this time is not so good. My kids still come to my house and stay some weekends or when there is no school and grandparents are working. My children are very well provided for. They have everything they need and more. Food, clothing, living in a very nice house, have their own rooms, have the things they want beyond what they need, and are very loved and well cared for. They are happy and healthy. Is me not giving her the child support considered misuse of child support in this situation?

 

[Proserpina]

Why don't you simply hand over the child support to your Mother?

Child support is supposed to reimburse the parent/guardian.

I do have one question though - why on earth are the grown-ups giving the kids the choice of where they want to live?

 

[Betty3]

I agree with giving the child support to your Mother whether she asked for it or not.

 

[army judge]

As of August of this year to date my 2 kids ages 10 & 12 have been staying with my mother in the town near by. They are there because I am in the middle of dealing w the foreclosure on my home and before school started I couldn't be sure as to when I would have to leave the house and due to what my financial situation was (and still is) I am unsure of where I will end up living when the foreclosure is finalized. I consider it in the best interests of my kids to be with my mom so they wouldn't have to switch schools during the school year and because I am unsure of where I will end up having to live. Because they attend school while living with their grandparents I had to give my mother temp. guardianship for the duration of the school year only for the purpose of making medical and educational decisions for the children. The children were involved in this decision making and expressed that they did want to live w their grandparents and not their father, as living with him was an option I gave them. Their father pays child support to me every week. It is taken from his check by his employer and sent to the child support division. Then put onto a state issued debit card. He is upset that the kids are not living with him. So he is out for revenge. He claims he is in the process of reporting me for misuse of child support because I am not giving the child support to my mother. So my question is, does he have a case? Can he do this? Isn't this a matter that is between my mother and I? She has never asked for the supoort. As my financial situation at this time is not so good. My kids still come to my house and stay some weekends or when there is no school and grandparents are working. My children are very well provided for. They have everything they need and more. Food, clothing, living in a very nice house, have their own rooms, have the things they want beyond what they need, and are very loved and well cared for. They are happy and healthy. Is me not giving her the child support considered misuse of child support in this situation?

Your husband has a couple of issues he COULD address.

Did you overstep your rights in granting temporary guardianship to your mom?

I don't know, but a court could be asked to look at that, as well as the kids being not with you because of foreclosure.

The child support payments could also create some scrutiny by the court.

I suggest you consult a couple or three lawyers about this.

The initial consultations are normally free of charge and/or obligation.

But, you'll learn some things that might be quite useful.

Good luck....



Try looking at some of this:

http://cordellcordell.com/resources/texas/texas-child-custody-questions/

http://www.leonardmrothfamilylaw.com/PracticeAreas/Child-Support-Custody-Modification.asp

http://www.divorcenet.com/resources...ying-child-custody-visitation-rights-in-texas


http://www.lanwt.org/txaccess/modiorder.asp

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.152.htm

 

[mixy]

I don't have a problem giving the child support to her if sje wants it. I just haven't because I've been using it to help pay the utilities. She just doesn't ask for it because she knows I need it. And she has helped me financially for several years as far as helping me buy school clothes etc for the children. And I always pay her back at tax return time. That's just how her and I have always done it. And that's how it will be done this year as well. She is always reimbursed for any and all she does to help me and my kids. Also we only asked the children how they felt about living with their grandparents. I feel they are old enough to have the chance to express their opinions. Plus I needed to know how they felt about log ng with their father. And in short, he hasn't always been there for them.

 

[mixy]

Thank you army judge for the links.

 

[army judge]

Thank you army judge for the links.

Just so you know, the 12 year could potentially be heard.

The 10 year old, highly doubtful.

Some Texas judges arbitrarily use the age of 14, that's why I suggest you consult with a couple local attorneys in the county where the matter will be hard.

Even though the child could be heard, its up to the judge to determine the weight (judicial notice) to place upon the child's input.

 

[Proserpina]

I don't have a problem giving the child support to her if sje wants it. I just haven't because I've been using it to help pay the utilities. She just doesn't ask for it because she knows I need it. And she has helped me financially for several years as far as helping me buy school clothes etc for the children. And I always pay her back at tax return time. That's just how her and I have always done it. And that's how it will be done this year as well. She is always reimbursed for any and all she does to help me and my kids. Also we only asked the children how they felt about living with their grandparents. I feel they are old enough to have the chance to express their opinions. Plus I needed to know how they felt about log ng with their father. And in short, he hasn't always been there for them.

I'm not being snarky here, but would you be okay if they chose to live with Dad full time? Or not go to school?

These are very serious issues and putting them in the middle is just not a good idea.