CPS took children from thier mother and in custody. This was 2 months ago. A few days ago, the mom did not receive her usual child support that is in her account (ACH). Money is used to pay household expenses and maintain household. Without this, the mom would lose her home and compromise reunification. Does the father still have to pay child support? DCSS has not notified mom of ending the payments until custody is regained.
Yes, the father still has to pay child support. Mother probably did not get child support as the mother does not have the children. The County probably received the child support paid by dad as the County has the children.
I agree with my colleague. Each parent has an equal duty to support the child under California law. Therefore, one parent losing custody should have no bearing over the non-custodial parents obligation to pay child support (unless the other parent assumes custody and the costs of custody). Since the mother no longer has custody of the child, and therefore, is no longer supporting the child, she has no right to child support from the other parent. The support that the father is paying will still go to support the child, but not to the mother who lost custody of the child.
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