Q: My parents have custody of my sister's kids. Can the judge order the 150,000 in child support from their father to them?
DCS placed the kids with my parents because of truancy and my sister's drug addiction. After a year, my parents were awarded custody. My sister was ordered the $150,000 in child support before that happened. My sister has co-occurring disorders, but hasn't gone to rehab and does not provide for the kids. She is incapable of managing money. We know she will spend it all if she gets it. Is there a way the judge could award it to be paid to the custodial parents instead? My parents gave spent all their savings and put their house up to take care of the children.
A: Yes, the child support should and can be paid to whoever has custody of the children. However, you will likely need a lawyer to get it done correctly- a petition to modify will need to be filed, court papers served ( delivered) on the mother and a hearing scheduled. I assume the father is paying the support, so he is likely to be the person who should act. consult an experienced family law attorney for specific advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.