Well here's the deal my fiance's 6 year old daughter has been living with us since August 15 2008. Her mother still has physical custody of her because she won't return the child custody papers. The child support money he was paying her is still coming out of his check every week like it was court ordered. So basically she's pocketing all the child support money even though the child hasn't lived with her since Aug of 08. His little girl goes to school in our school district so there's proof that the child lives at the same address as we do. My fiance's ex wife agreed to give his money back to him since we're caring for her full time. Well she currently owes him around $800 of his own money that she's keeping even though their daughter does not live with her.
My fiancé goes to court this month to have child support stopped from coming out of his checks. And then his next step is to go for physical custody if she ever returns the paper work. I talked to my case worker at our local public aid office and she looked it up on their child support case and she said that his ex is receiving checks for the child support that is being deducted from his checks. His ex always tells us that she hasn't been receiving any checks but we know that she is.
Can she be forced to pay him back a portion of the money since we're caring for the child full time and she is not?
PS I'm sorry this is so long but I wanted to make sure I told as much info as possible