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    shaq32's Avatar
    shaq32 Posts: 1, Reputation: 1
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    #1

    Sep 21, 2011, 06:03 AM
    Abandonment
    If mother leaves child with her aunt been missing for the last 5 years should the father have to pay child support?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Sep 21, 2011, 06:08 AM
    What you are saying is the child has been in the care of someone else for five years because the mother left her child with someone? If there was ever an order in place for the child, yes, father should have been paying the mother child support.

    Why don't you clarify the situation so you can receive a proper answer.

    Tick
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Sep 21, 2011, 06:08 AM
    Hello s:

    Sure... The kid has to eat no matter WHO he lives with. The father certainly shouldn't be sending the checks to the person who ISN'T supporting the kid... They should go to the person who IS.

    You COULD go to court and get the changes memorialized. But, it's not necessary... The only person who WOULD go to court is the wife who isn't getting her money any more... But, not to worry.. IF she were to do that, the court wouldn't go for it.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 21, 2011, 06:30 AM
    The father is legally obligated to pay support if there is a court order to pay.

    The father has the right to go to court and ask for custody of the child, since the mother is not caring for the child.

    The aunt has the right to go to court and ask for custody, and then ask for child support be paid to her.

    But unless someone goes to court to change custody and goes to court to change the support order, yes he is still legally obligated to pay.

    I guess why in 5 years has he not went to get custody ?

    Why in 5 years has the aunt not asked for guardianship or custody ?

    Without any legal standing the aunt can not put the child in school, get medical treatment for child and so on
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