My boyfriend and I have had custody of his son since at least October 2011. My first question is... is the father obligated to pay any form of child support to the mother regardless of her not having custody? She claims she cannot afford him now and keeps very little contact unless the father presses the issue. Even then and for the most part she will only text (the most is when she wants money). She has also harassed us considerably when she does not receive money for things that do not concern her son. For example, she has called my boyfriend's work stating he has been harassing her and so on. She threatens me with "kidnapping" charges, etc. In addition, she has obtained Medicaid from another state claiming her son lives with her. He is on it as well as her. What should be done in this circumstance? I do not wish to be ANY part of any federal fraud. Can we claim child support on her/should we? If so, how do we need to go about it?

Child support is due only when there is a court order, court order is normally based on custody. If the child has changed custody to father from mother, did father go to court and get the court order changed, Father has to pay child support as long as there is a court order for him to pay.

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Originally Posted by wgallant

My boyfriend and I have had custody of his son since at least October 2011.

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You have nothing. You have no legal standing.

When you say he has custody, is that legal custody or has just the child been living with you?

Abandonment is not an issue here. Your boyfriend has to decide what he wants to do about formalizing custody and visitation.

There is no formal legalization of custody. They were never married. He has been giving her money since they split for his son. She has never filed for support. Actually to be technical, I have been raising the child all this time considering his father works away from home.

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Originally Posted by Fr_Chuck

Child support is due only when there is a court order, court order is normally based on custody. if the child has changed custody to father from mother, did father go to court and get the court order changed, Father has to pay child support as long as there is a court order for him to pay.

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So you are stating he doesn't owe her a dime unless it has been ordered by the court period? He thinks it may look bad on him if and when he takes it to court if he hasn't provided her with funds.

Legally he doesn't owe her. Assuming he is on the birth certificate or signed an acknowledgment of paternity. If neither is true, then he doesn't have legal custody either. If he does, they have equal custody and she can come pick him up at any time and keep him.

So he really needs to go to court and soon.