why doesn't she have to pay?

Question

my husband has a court order for child support & they are taking the payments out of his check for his 6yo son. the ex wife only had him for 2 yrs since then her mother has been taking care of him. about a year after the divorse they finally had the payments changed into her mothers name, this was done threw the court. several times the g-ma filed for guardianship but never followed threw until recently & now she has guardianship of their son & even wrote in her petition that "the mother didn't have time in her new life for her son". the court knew the g-ma was taking care of the child all those years & the mother still didn't have to pay child support was it because she still had custody? even after the g-ma was granted guardianship she still doesn't have to pay. can anyone tell me why? it doesn't seen fair the ex wife can push her child off on her mother with out having to pay child support too. BTW she has also done this with her older son who is 12yo that the g-ma is taking care of

1st the the support was ordered when they went threw the divorce 2nd he still has hiis parental rights 3rd the ex wife is psycho also her parents doesn't want him involved. they just don't get along. even if he did try to get custody they would cause too much drama.

Answer 1

As guardian, grandma is taking the place of mom when it comes to this child. Mom has relinquished some or all of her parental rights to the child (depending on the degree of guardianship). So for the purposes of raising the child, the grandma IS the mother.

Has your husband similarly relinquished his parental rights? Probably not.

Answer 2

Just another one of those female perks of society. Your husband is just as much at fault as the mother. I never understood why men marry women and do not protect themselves against future disaster. I know they all think it won't happen to them. It does though. I had four teens in the house when the wife left with them. It cost me two thousand dollars and it was finished. No support of any kind. I made sure from the beginning that I was protected from such disasters. It does take some planing but it can be done. Mothers have a big advantage if it has to go to court.

Answer 3

Yeah, that doesn't seem fair to me either. It might be because she still technically had guardianship of the child. I would wonder, though, if the grandmother wanted to fight for child support for those years, and could prove she was raising the child, if she would have a chance or not. In addition, in my humble opinion, the courts are still very sexist when it comes to things like this...

Answer 4

If the grandmother does win guardianship, your husband is off the hook,. I am assuming he was not awarded or did not ask for any custody of the child. Otherwise, he has to keep paying unless you get a lawyer and go back into this domestic case and ask for adjustment of what you have to pay.,

Answer 5

Have a friend who went through the same thing, seems that the granmother had to take the mother to court to get child support wihtout doing it, then no obligation legally on the mothers part

Answer 6

If g'ma didn't ask for child support from the mother, there would be no court order for support. I'm wondering why your husband hasn't tried to get custody of his son.

Answer 7

fair no, but legal yes. welcome to the silly world of child custody and support.

I would ask why your husband has not tried to get custody instead of the gradma ?? Normally the court would give him the custody if the mother does not want the child.

Normally grand parents only get custody and esp guardianship if the other parent shows no interst in getting custody ?

Answer 8

That mother sounds totally irresponsible. Why doesn't your husband seek custody?