My son's mother has full custody and we have a parenting plan put in effect by Washington State that includes automatic child support taken out of my check. This situation is that my son no longer lives with his mom and chooses to live with his aunt because he feels unsafe at his house. My son 17 years old goes to College through Head Start and works at his aunt's job under the table. His aunt is getting upset because she's not receiving my half of the child support and her half of the child support to help subsidize him living there. Now since my child support is automatically taken out and give in to his mom and it is up to his mom to give it to his aunt, what Financial liability do I have or what can she (The Aunt) by law come after me for, reimbursement wise? She has been racking up medical bills and not paying them and my insurance is now billing me. Thank you for your time.
Since the child is not placed with the aunt by the court, you have no legal duty to pay child support to the aunt.
However, you want to protect yourself, such as the situation with the medical bills.
You want DCS and the court to know where the child is living so that child support is directed to the right person. You want the aunt to have the son's insurance information so that the insurance company is properly billed to pay its portion of the bills.
Of course the aunt is upset about not getting any child support. The aunt is doing your son, you, and the mother a favor in taking in the son. The mother apparently is in no rush to forward the child support to the aunt. You know about where the child is living and have the power to notify the court and DCS so that child support can be forwarded to the aunt.
You owe child support until the child support order is changed or until the order says you may stop paying. You can do a new agreed child support order changing the aunt to the recipient. If your ex signs the order, then you can take and file the order with the court in ex parte. At same time, you'll need to revise the parenting plan showing the child is to reside with the aunt. If the ex won't agree then you need to do the torturous process of a modification legal action. It's almost easier for your child to do a legal emancipation process perhaps if the facts fit. I find legal modifications to be grueling, expensive and long to happen.
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