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Miller11 · May 6, 2009, 02:29 PM

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

ScottGem · Jun 2, 2009, 04:53 AM

Sorry, this was not answered sooner. Sometimes, these things get missed.

You are going about this backwards. FIRST he needs to get custody changed. Then he applies for a modification of the support order due to the change in custody.

I'm not sure what papers the mother has to sign, but if they were issued by a court, then he should have been going back to court to force her to sign.

After the custody issue is resolved, he then applies for the mopdification of the support order (this can all be done in one hearing) and also applies to the court to order the ex to return any amounts overpaid. Depending on the history of the case, the judge may or may not order the refund.

If he doesn't have a lawyer, he should get one.

P.S. I responded to your comment and PM in the thread you posted it.

stinawords · Jun 2, 2009, 08:03 AM

He really needs to put the actions in order as stated above. He goes to court to file for custody he brings in his proof that the child has been living with him full time and he will probably win. The support order will then be changed as a result of the custody change. He should really get a lawyer to make sure all the right paperwork is done and the t's are crossed and the I's dotted. It will make it that much smoother in the court room.