My kids maternal grandmother is the one who always took care of my kids. My ex and I had kids when we were real young, so the grandmother took care of them and still does. She doesn't have custody. Their mother has custody, and a child support order was entered against me.
I got tired of paying child support to the mother when she would use the money on things not for the children. So I contacted my state's department of child support enforcement and asked if my child support could go to the grandmother. They said I had to prove the grandmother was their primary means of support. So I did so with the help of the grandmother.
Child Support Enforcement petitioned the court for the order to be amended so that my child support payments would go to the grandmother, and the judge honored the request.
People keep telling me that the judge can't do that because child support is federally mandated and won't issue a child support order unless the payee is the custodial parent.
2007-10-19 16:36:08 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
But this IS what happened. The order is now to be paid to the grandmother.
2007-10-19 16:36:48 · update #1
Child support is NOT federally mandated - each state has their own rules. I do NOT know where your friends are getting their backwards information!
I'm glad you had the brains to change the support payments to the person who cares for your children the most.
You and the judge made a great decision!
2007-10-19 16:51:54 · answer #1 · answered by David G 3 · 1⤊ 0⤋
Normally, the court will only order child support paid to the custodian -- the person who has physical custody and care of the children.
But, if the facts are different -- the court can order child support be paid to whoever is taking care of the children -- which by definition is the person who has physical custody, even if that person is not a court appointed legal guardian.
2007-10-19 16:44:59 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
If the judge signed it, then it's the law! You are right, they are wrong. Whatever a judge decides in a support case is the law, unless a higher-ranking judge reverses or alters the decision. Stick to your guns and follow what that judge told you to do. You cannot get in legal trouble for obeying the judge. The judge is the officer of the court. The judge is the one who tells you HOW that "mandate" applies.
2007-10-19 16:40:45 · answer #3 · answered by Hoosier Daddy 5 · 1⤊ 0⤋
People don't know what they're talking about.
Child support is issued to the person who is caring for the child. Mom probably agreed and signed off on it allowing the child support payments to be sent to Grandma.
2007-10-19 16:40:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Child support is not FEDERALLY mandated. It is done by state.
2007-10-19 16:40:12 · answer #5 · answered by Cayuseranch 2 · 2⤊ 0⤋