Our son has been living with hi paternal grandparents for the past 6 months and the father still has not done anything to help out. I have our child enrolled in school and carry the insurance for him. He has been living with them because i had once traveled a lot for work not anymore. my question is can i file for child support now or do i have to wait?
Whether the father can be put on child support depends on whether paternity at the least has been established, and what the legal status is between the father, you and the child. As long as at least paternity is established, child support can be established through the court.
Child support is for the child, not you, so it doesn't matter where the child lives. But you have a long way to go, because since you said "father" instead of "ex-husband", I'm going to assume that you were never married to the father, which means that unless you've gone to court to establish legitimacy, the child can't get child support yet.
I agree with the previous responses. I will add that it is the people actually caring for the child, the grandparents, that should be receiving child support, not a parent that is not actually caring for the child. As I read the law, you and the father should be paying the GPs.
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