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Children do not live with there mother but she is getting the support money

This is a discussion on Children do not live with there mother but she is getting the support money within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I went to court today in New York city and was order to pay 600.00 a month for support of ...

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Old May 3rd, 2011, 07:55 PM   #1
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Default Children do not live with there mother but she is getting the support money

I went to court today in New York city and was order to pay 600.00 a month for support of two children. i also found out that my children do not live with there mother but she is getting the support money they live with there grandmother. she live in a apartment which D.H.S is paying for and she is also marry. she works part time. i have my children on my health plan at work which cover them completely. is there any way i can applea this order because with this order i will have a hard time paying my own bills. i live in Philadelphia Pa. this was a unfair support order seeing as how I had my children for the whole year of 2010 while she was trying to get her life back together. i am not a dead beat dad i do everything for my children. she should not be getting money from me when she is not taking care of them. If i can appeal this please tell me how to go about this. All i want to do is give the money to the right person and lower the amount. Please help thank you.
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Old May 3rd, 2011, 08:07 PM   #2
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Default Re: Children do not live with there mother but she is getting the support money

If the children are in care of a third person, you are correct that the ex should not be getting the support payments. The money should be going to the grandmother. The ex still has legal custody which is why. Grandma is a full time "babysitter" by her accounting. As long as the mother is custodial parent she is entitled to support for the children.

If the order was made today you are well within the window to ask the judge to reconsider his ruling -- along with the evidence. Financial affidavits should have been provided. If the ex provided false ones, did not disclose her and the children's true addresses and finances, there might be grounds to re open the matter before the same judge. It's called a motion to reconsider. But you have to have the evidence to put before him (or her).

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Old May 4th, 2011, 06:45 AM   #3
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Default Re: Children do not live with there mother but she is getting the support money

First of all let me remind you that both the parents have equal rights on their children. Form the facts it is understood that the court has given custody of the children to their mother. You have to check out your custodial order. It seems that she can give the custody of the children to their grandparent temporarily in order to carry out her daily pursuits (such as going for work, for shopping etc.) But remember in such circumstances court will clearly mention about the handing over of such temporary custody in the custody order. If there no mention about such temporary custody then you can question the same before the court. Is she got remarried? If so then she cannot claim for child support again. You can file a petition for modification of custody and child support order. You can ask the court to take appropriate decision in the change of circumstances (if she is remarried) and in the best interest of the child. It is better advised that you may consult with a Family Law Attorney who can give a proper guidance in this regard.
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Old May 4th, 2011, 02:37 PM   #4
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Default Re: Children do not live with there mother but she is getting the support money

Her being married provides no relevance to your support of the children, regardless of the spouse's income. Not to sound mean, but they're not his kids, should he take care of them?

However, if the children are not living with her, she may not be entitled to the support, depending on the custody order. You can ask the court for a revisitation, depending on how the custody order spells things out. (Her permanent address compared with the children's permanent address)
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Old May 4th, 2011, 07:46 PM   #5
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Default Re: Children do not live with there mother but she is getting the support money

There is no "depending on the custody order". If the children are not living with the parent awarded child support, that is fraud.

OP, report her to Child Support Enforcement.
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