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Taking child support when mother doesn't have child

Discussion in 'Child Support' started by MjrNy, Feb 17, 2017.

  1. MjrNy

    MjrNy Law Topic Starter New Member

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    Jurisdiction:
    New York
    My child has lived with my parents since she in the second grade. My ex and I were not together and she told my mother she was unable to care for her. She was receiving child support from me. My parents raised our child who is now a senior in high school. My ex demanded over the years when the issues of child support changes came up that she would take the child back despite them flourishing under my parents care. She has never provided any support to my parents for our child or in any form for our child. In an effort to keep the peace we all allowed my ex to keep receiving the child support so that our child could continue to live and good life with my parents. Our child now is now heading off to college and we would like them to receive the child support to help with expenses. Is there a way to have the support redirected to our child. Also is there anyway for my ex to have to pay back what she has taken all these years?
     
  2. txls

    txls Well-Known Member

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    You allowed the ex to receive child support in order to keep the peace, that was your decision. You won't get any of it back now. You can go to court now and have the support order changed for the future. Child support often stops automatically when the child turns 18 anyway, but possibly not if the child is still in school.
     
    leslie82 likes this.
  3. army judge

    army judge Super Moderator

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    Read your child support order.
    Your state, NY, allows child support to continue until (or through) 21 years of age.

    Again, read your order.
    If you disagree, hire a lawyer, instruct him/her to return to court and seek a modification.

    Child support is never paid to the child.
    That's not how it works in any state.
    The money will continue to be taken from you and distributed to the party named on the court order.
     
  4. leslie82

    leslie82 Well-Known Member

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    You should have went and changed this years ago.

    Why didn't you go to court for custody of your child if the mother was unable to care for her? Why did you lay that on your parents to raise YOUR child? You have been paying child support - so you have a job. Why didn't you go fight for your kid?

    She didn't have to provide support to your parents. You let that happen. Lesson learned hopefully.

    You can try to change it now but I'm not sure how well that will go over. You have to talk to a lawyer about that.
     
  5. ElleMD

    ElleMD Well-Known Member

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    If the child isn't living with the mother, file to have support terminated on that basis. Whatever you agree to pay toward your kid's college expenses is up to you.
     

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