My husband and I don't know what to do he has a 15 year old daughter who lives with my husband's parents, she been living with them since 1994 when child services gave temporary custody to my husbands mom until the mom felt ready to get custody back. My husband didn't have the custody because he was in jail. Fast forward to now and my husband and I are struggling because the mom is collecting child support but my stepdaughter has never lived with her since 1994. We have filed for motions and every time we have a court date she never shows and the judge always gives her a second chance for her to show. We have all the proof that she doesn't have custody including, medical and school records but the judge keeps giving her a second chance. Now my husband's wages are being taken by child support and his bank account money was taken too. By the way, we have a court paper stating that child support payments have been suspended until a ruling but they still took his money, suspended his license and put an order for arrest. Can someone please help me what to do because the judge keeps giving her second chances and the money being taken is not going to my stepdaughter.

Don't have an attorney? But you have to get to a judge and get a ruling, until them you have to pay accoreding to the court order in place.
You should have been in court 12 years ago, but no payment according to the court order is due until you get a new ruling in court

Ok, maybe this will help. Because she has failed to appear on so many occasions then maybe a little prodding will help. Set a hearing date and so she bothers to show up make sure you issue a bench warrant against her and be sure it is served correctly. Eventually she will show because the police will drag her in if she doesn't. Another thing is he still owes child support regardless. From what you have said it shouldn't been going to his ex but instead to his parents. They both ( parents ) should be paying child support to the grandparents that have custody of the child.

Thanks for your answers we been going to court for the past 2 years but she never shows and the hearing officer has not issue a bench warrant against her. What can we do next time we go if she doesn't show for the judge to issue one.

Has this all happened with the same judge? If so, I would go to the Head judge and complain.

Do you have an attorney? If not, this is one reason you are being abused. An attorney would know the ins and outs of the court and help you get this resolved.

I would also consider suing the child support aganecy for violating a court order.

One small issue that is being over looked here is the possibility that what they collecting at this point isn't just the ongoing support but the arreages. She stated that the support order has been suspended, which means that he isn't accruing new fees, but if he has arreages they will in fact continue to take those. There may be a way to get forgiveness for the amount in the past but generally speaking if you didn't go to court then, you owe it now. Does that make sense? Can you answer whether there is an arreage that they are clearning up?

He does have the arreages but that was also put on hold, we are going to check that out, also when we called they said that they send a letter saying they were going to take his money but the address is not even ours and it doesn't even exist.

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Originally Posted by yomayrar

He does have the arreages but that was also put on hold, we are going to check that out, also when we called they said that they send a letter saying they were going to take his money but the address is not even ours and it doesn't even exist.

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All the more giving you grounds for a civil suit against them.

What do we need to do

Contact an attorney