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Receiving child support,kids not living there

Detroit, MI |

Is there any way to stop paying child support if the children are not living with the person receiving the child support? This is for a friend,this was done through the courts (support order). Now the children are living with an older adult sibling,while mom receives the support payments. Is there anything the father can do?

Attorney Answers 3


  1. The father should immediately bring this to the attention of the Court/Friend of the Court, preferably through a Family Law Attorney via a written Motion. The father will not be excused from paying support, but at least he can request the payments be directed to the proper person. Has the father considered having the children live with him? Time is of the essence in your friend's case, so please ensure he consults with a Family Law Attorney ASAP. Warmest regards, Matt Catchick.


  2. If the child is living with a third party, the law requires that the child support payments be re-directed to that person for the support of the child. The child support belongs to the child, not the payee. A motion to re-direct payments to the third party where the child lives should be filed immediately, and and the payer should retain an experienced family law attorney to assist in the process - especially if it is a Wayne County case, where legal procedure can be complicated.

    This comment is designed for general information only, and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


  3. The parent cannot stop paying child support, but he does want to ensure that the support is going to the children! To do this, the father needs to bring this issue to the attention of the Judge and/or the Friend of the Court by way of a motion. The father will allege that the minor children are not living with the mother and that mother is not caring for the children, but that the mother's sibling is doing so. There may be other complicating factors involved with this situation so father should hire an attorney to make sure that the matter is handled properly.

    Please note: the information provided is topical and of a general nature for informational purposes only. The information provided does not represent an offer of representation, and there is no binding agreement between parties. A contract for representation can only be entered into after consultation with our attorneys and signature of a service contract by both parties.

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