Please help, family member ILLEGALLY collecting child support

[JBelle]

My mother owes back child support for my siblings that is being collected for previous years by my grandmother, but my siblings have been living with my mother for years and my grandmother is illegally collecting child support and has been for years, and she will NOT tell the court that she does not have custody of the children b/c she wants to continue to collect child support and now my mother can't do anything because she will be arrested if she tries to get a job or anything here in NC because she technically "owes support" although the children have been living with her. She just recently moved back here to NC from Ohio, where my siblings have been residing with my mother for the past few years. Please help me, I need legal advice and I'm unsure of what to do. My grandmother refuses to cancel the income because this is her only source of funds and she threatens to call the authorities on my mother if she tries to do anything about it because she knows that they will arrest her based on the circumstances.

Thank You

 

[Duranie]

Who is actually paying the support to Grandma? Is it mom or the bio dad? If nobody tells the family court this, then how do you expect it will stop?

Mom needs to file for official custody of the children and to stop child support. Stop listening to grandmas threats. If she does not have the kids she should not be collecting CS. Mom should call around to see if an attorney or legal aid is willing to help.

 

[JBelle]

Who is actually paying the support to Grandma? Is it mom or the bio dad? If nobody tells the family court this, then how do you expect it will stop?

Mom needs to file for official custody of the children and to stop child support. Stop listening to grandmas threats. If she does not have the kids she should not be collecting CS. Mom should call around to see if an attorney or legal aid is willing to help.

My mother does not work and the children's father is not around so I'm not sure where the income is coming from. I'm assuming some type of government assistance because at some point, initially, the children were in my grandmothers custody for about a year. The child support is just being added to my mother's "tab", if you will, and she owes now. I am just trying to figure out where to start with this situation because my grandmother won't tell the authorities that she does not have custody and to stop the support because this is her only source of income. I am not saavy to the legal aspect at all and I am just looking for some advice on where to start with this situation. Thank you very much for your input.

 

[Duranie]

It sounds like possibly grandma is committing welfare fraud. It's possible though Dad might have a wage garnishment in place.

You need to report this. Your mom needs to go to court and update the custody agreement showing that she has custody and CS to grandma must stop. As long as your mother does not do anything about this, her arrears will continue to add up.

So if your mother does not work, how is she supporting all the kids? sorry but this seems like a messed up situation for everyone involved.

Your mom needs to call legal aid to see if they can help her. She needs to make sure she files for custody, CS from the father, and to stop anything monies going to grandma.