Q: Can a mother continue to accept child support if the children are fully taken care of and live with the other parent?
My fiance has been paying child support for his 2 children while they have been living with him and are enrolled in school in his town. She lives in a different town with her new boyfriend, neither of them work. They only have the children on the weekends but the father has them all week, pays child support and all their needs while the child support money goes directly to her and her expenses while the boys aren't receiving care from her or live in the same household. She had left the state now twice while still receiving payment and other assistance claiming the children. In the mean time the boys are suffering emotionally because they simply want to stay home with their father but she keeps making threats whenever she's mad saying they won't see him again
A: Typically the paying parent can stop paying child support if the children change residences to live in the paying parent's care. You will have to contact Family Division Services, and may have to go through the court for a modification to have the support stopped entirely. However, if the income discrepancy between the two households is high enough, then child support may only be altered instead of stopped. Talk to an attorney local to you to discuss your situation.
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