I am paying $1000 a month for child support, which includes, $500 for child care a month for my daughter. My ex's grandmother takes care of my daughter and she lives in housing/section8 so she's not allow to get any type of income. This means my ex is lying about paying her grandmother $500 a month. Her grandmother will lose the help she's getting from the state if they find out she works. This is fraud I believe. Am I right?
With respect to the child support issue, you could potentially file a petition for modification, but an attorney would have to review your order. Normally child care is not included as part of your payment for child support, but you pay child support and the custodian pays the child care using your child support payment. If she testified that she was paying child care of $500.00 per month, and that is not true, then the guidelines should be recalculated. As for the section 8 issue, that would not impact the family law case with you and your ex because the grandmother would be committing the fraud. You should hire an attorney in W. Palm Beach.
To modify the child support you will need to alleged and prove a substantial change in circumstances and this sounds like you have that. However, you should see what the change is actually going to consist of by recalculating the child support given each parties' current net incomes less the child care. If the mother fights your assertion regarding the grandmother it may be necessary to depose the grandmother to see if she will admit to the allegations you have outlined here. You should also be aware that the Section 8 housing does not require that the Grandmother have no income, she just has to have an income of $14,550 per year of less, pursuant to section 8 housing guidelines: http://www.sectioneightapplication.com/apply/FL
Daniel Bachert, Esq.
Family Law Attorney/Mediator
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
It is possible that you would be able to request a modification of child support. Modification requires the moving party to establish a substantial change in circumstances. From your question, it appears that the expense for child support was added into the child support calculation. A consultation with an attorney would give you an opportunity to review the existing order and the impact of the current child care situation. The attorney will be able to answer questions and give advise as to proceeding
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