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foolishfather · Jul 10, 2011, 07:28 AM

I am court ordered to pay child support to the custodial mother of my child in New York... My child is now 17 years old and living with other relatives in the state of New Jersey (due to the mothers boyfriend that made my child need to leave the home and her mother let her leave.)...

I have continued payments to the mother and she has not sent any of the support to my child... and my child has now elected to terminate any contact with me and totally refuses to any communication...

This has been going on for the past 3 years... and the custodial parent has been threatening me with forcing my child to live back with her in a home in which she would not be wanted and neglected, if I went to the courts and advised the court that my child was no longer living with her...

Do I have any gounds to have this support terminated and is the custodial parent in any type of contempt for collecting the child support intended for my child that is not being sent to her?.

Fr_Chuck · Jul 10, 2011, 08:08 AM

No, she is entitled to receive the support since there is a court order. The child could even be living with you and you would still legally have to pay.

Your choice is to go to court to get the child support modified. So call her bluff and go to court

AK lawyer · Jul 10, 2011, 09:11 AM

Since the child is yours, and not living with you, you owe the child support. The only question is whether the right person is getting it. The relatives who have the child could ask the mother for child support. That's between them. In "legalese", you have no standing.

AK lawyer · Jul 10, 2011, 09:30 AM

Sorry. Double post. Difficult doing it right on my cell. :(

cdad · Jul 10, 2011, 01:05 PM

Originally Posted by AK lawyer

Since the child is yours, and not living with you, you owe the child support. The only question is whether the right person is getting it. The relatives who have the child could ask the mother for child support. That's between them. In "legalese", you have no standing.

I believe there is a standing here as the person paying is doing so for the benefit of the child. So if the money is going to the wrong person the payee has full right to question it. After going to court to question it they can decide where the payments should go. Child support will still be owed until emancipation occurs. But it should and must go to the child's benefit.