Mom( custodial parent) collecting support even though child does not live with her.

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Billybob0080

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Was hoping for some advice on how to handle this situation. Thanks in advance
My ex and I have not been together since our daughter was 2 years old. She is now 13 years old. The child support order was put into effect around that time. Our daughter lived with her for a couple of years. twice living with my parents and twice living with hers. She went through a couple of jobs and a couple of boyfreinds until she found herself pregant again. During this time I paid child support, missing a payment here or there, and was routinely giving her cash on demand. The new guy was immediatly dumped and an order placed on him. During this period my daughter would regularly end up at my parents house, who adored her. I share the same story as most non custodialials out there in the fact that if I couldnt or wouldnt cough up cash on demand my visitation rights were immediately revoked, until a "cash settlement" could be arranged. The dumping of my daughter became more and more regular until finally she was living with my parents full time. In conjuction with my parents we approached a lawyer about me obtaining custody of my daughter. The lawyer informed us that not only was it not likely because of Texas Laws it would be expensive with no guarantees.
So life continued, only now my parents got to share in the " i need some money now.." abuse. It was then that I stopped paying my court ordered child support. My parents were raising this child, with my cash deposits now going to them. I felt that there was no sense in paying someone who was not raising the child ,and had no desire to do so. It was then that I started to to sink into the "back child support" hole. In the mean time "MOM" became pregnant again from a third man. This time she married. She is currently raising here last two children with her husband. My paychecks are being garnished and have been for the last 6 years , as well as my entire income tax refund is taken every year. My daughter still lives with my parents, 500 miles from where "mom" lives.
How can I go about remedying this situtation. I owe so much back support for a child who hasnt lived with this person in many years. I am still paying half of my paycheck to this person , plus my income tax return. My credit is damaged beyond repair, and I run the risk of jail, suspened licenses, etc.
Would her accepting these payments consitute some kind of fraud?
She regularly threatens to have our daughter live with her, if my financial obligations are not met. My financial obligations are being met, directly to my parents, with whom my daughter has been living with for 5-6 years. I am am basically being force by the state of Texas to pay for her new car, and actually support my daughter.

Any adive is greatly appreciated.
 
Was hoping for some advice on how to handle this situation. Thanks in advance
My ex and I have not been together since our daughter was 2 years old. She is now 13 years old. The child support order was put into effect around that time. Our daughter lived with her for a couple of years. twice living with my parents and twice living with hers. She went through a couple of jobs and a couple of boyfreinds until she found herself pregant again. During this time I paid child support, missing a payment here or there, and was routinely giving her cash on demand. The new guy was immediatly dumped and an order placed on him. During this period my daughter would regularly end up at my parents house, who adored her. I share the same story as most non custodialials out there in the fact that if I couldnt or wouldnt cough up cash on demand my visitation rights were immediately revoked, until a "cash settlement" could be arranged. The dumping of my daughter became more and more regular until finally she was living with my parents full time. In conjuction with my parents we approached a lawyer about me obtaining custody of my daughter. The lawyer informed us that not only was it not likely because of Texas Laws it would be expensive with no guarantees.
So life continued, only now my parents got to share in the " i need some money now.." abuse. It was then that I stopped paying my court ordered child support. My parents were raising this child, with my cash deposits now going to them. I felt that there was no sense in paying someone who was not raising the child ,and had no desire to do so. It was then that I started to to sink into the "back child support" hole. In the mean time "MOM" became pregnant again from a third man. This time she married. She is currently raising here last two children with her husband. My paychecks are being garnished and have been for the last 6 years , as well as my entire income tax refund is taken every year. My daughter still lives with my parents, 500 miles from where "mom" lives.
How can I go about remedying this situtation. I owe so much back support for a child who hasnt lived with this person in many years. I am still paying half of my paycheck to this person , plus my income tax return. My credit is damaged beyond repair, and I run the risk of jail, suspened licenses, etc.
Would her accepting these payments consitute some kind of fraud?
She regularly threatens to have our daughter live with her, if my financial obligations are not met. My financial obligations are being met, directly to my parents, with whom my daughter has been living with for 5-6 years. I am am basically being force by the state of Texas to pay for her new car, and actually support my daughter.

Any adive is greatly appreciated.

If your daughter has been living with your parents for the past 6 years, 500 miles from your ex, then you can presumably prove that she hasn't lived with your ex through the use of school enrollment records. Do you live with your parents? Why doesn't your daughter live with you?

Since it sounds like you've never been back to court to modify the child support order, then you are on the hook for the back child support, and your ex is not committing fraud.

You should definitely go back to court to modify the child support, and I don't see why you couldn't ask for custody. There has certainly been a change in circumstances from the original custody order.

Consult an attorney.
 
Thanks. One final question. If I were to ask for a modification or custody, would it be within the mothers right to yank our daughter from my parents house and her school while the Attorney General makes a decision?
 
Absolutely! She is still the custodial parent; however, you may be able to file for temporary custody until the modification hearing. More info can be found here:

http://tlo2.tlc.state.tx.us/statutes/fa.toc.htm
or
http://64.233.167.104/search?q=cach...ustody&hl=en&ct=clnk&cd=7&gl=us&client=safari

You HAVE to have an attorney for this, and there are many factors that will affect the outcome. How often does your ex see your daughter? How often do you see her? Why is she living with your parents, and not with you? Does everyone involved live in Texas? Where does your daughter want to live? You REALLY need to consult with an attorney!
 
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