I have been married to my husband for two years. He is 25 and I am 29. He has a 8 yr old son and we have 2 yr old together. His ex-wife is very hard to deal with (she divorced him). The child is living with his grandfather during the week, going to school where his grandpa lives, about 55 miles away. He sees his dad (us) one weekend & his mom the other weekend. She (his mom)is still getting $550 a month for child support. Does his grandpa deserve this instead of his mother or what? The courts won't allow it. So basically this mom is getting this money and she only sees him 2 weekends a month. Courts won't help! What should we do? My husband has tried to get full custody.
2007-10-03 17:30:21 · 7 answers · asked by Darcy 1 in Family & Relationships ➔ Marriage & Divorce
She shouldn't be getting the money. But the truth is that if its court ordered that he has to pay then he has to pay. I agree that the grandfather should be getting this money. But if the courts won't help then....he has to pay...its court ordered. I would definately push the issue for the father to get full custody. The most and main important thing is that the child is being taken care of. But that definately doesn't seem right that the courts are allowing this to happen. I would get more legal advise. Something has to be done.
2007-10-03 17:40:23 · answer #1 · answered by luvgurl 1 · 0⤊ 0⤋
And how do you know that she isn't giving the money to the grandfather? Since I don't know why the child is with the grandfather other than maybe the schools are better there and the mother can't leave a job to be with her son. The court is not going to change the order of support because apparently it has been set up that eventually she WILL retain custody of the boy. All you've given is a vague one sided view of the situation and without the entire story there isn't much else to surmise. As for the father gaining custody, he can try but he is going to need proof that she is an unfit mother, so far I see no proof of that.
2007-10-03 20:07:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Jeez, where are you? Child support is for the support of the child. If the mother has legal custody of the child, she can keep the money and let the child live with his grandfather. That is her perogative because she is the custodial parent. If the grandfather has custody, then he will have to petition the court for support and both parents will then have to pay support to the grandfather. If the grandfather has custody and isnt interested in child support, your husband needs to get a better attorney and petition the court to stop payments to the mother. He will probably be ordered to make payments to the grandfather, but since that is where the child is, isn't that where the money should go? The courts will help you, you just have to follow their "chain of command" and keep trying. They are pretty particular about having all the paperwork just so. Good luck.
2007-10-03 18:00:33 · answer #3 · answered by Twinkie 2 · 1⤊ 0⤋
Why is he living with his grandfather?
The money goes to the the person who has full custody ..........so if she has full custody, then it is right that the money would go to her.
The only way it will change is if you take her back to court and prove that your husband and yourself can provide a better more stable and secure life.
Your argument would have to be based upon the child living at his grandfathers house through the week and the mother not taking responsibility, and only having him every second weekend.
you need to find a good family law expert lawyer.
2007-10-03 17:55:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
till he can instruct you're an undeserving discern he won't get finished actual custody...and in case you breastfeed his visitations would be limited so some distance as taking the toddler for over nights, etc.till the toddler is weaned (after all HE can no longer breast feed.) the reality he a million) works in straightforward terms section time 2) does not have his very own place which fits to offering a stable homestead 3) beverages with data : the DUI ...isn't to his benefit. The courts won't hand him finished custody for him to instruct around and bypass the toddler off to his mom...which feels like what he could pull. he will ought to instruct paternity to the court docket's delight earlier they entertain any action he petitions for. his threat of finished custody is purely that....a threat. Your counselor/therapist can testify to your progression in anger administration.
2016-10-10 06:42:45 · answer #5 · answered by ? 4 · 0⤊ 0⤋
If you really feel that the Grandpa is not getting any of the support. then here is something you can do. Have the Grandpa go down and File for full custody and support or the child if the court already has not givin him custody if it has then have him file for support. no one can file for support for him he has to do it. you can fight with him not for him. also contact an atorney to help you. good luck
2007-10-03 17:43:04 · answer #6 · answered by sunshine 2 · 0⤊ 0⤋
if the grandmother would take this to cort in a family lawjudge . she would get the child as well the childs money as well i truley feel she would be my opion the better paretnt. she.s is rasing this child doing there job seems she would be intilted not her sory that.s law. my opion?
2007-10-03 18:01:05 · answer #7 · answered by the_silverfoxx 7 · 0⤊ 0⤋