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Shouldn't my sons mother be responsible for half the child support order when his grandmother is receiving the support?

New York, NY |

I pay child support to my sons grandmother. My son does not live with his grandmother he lives with his mom. This doesn't seem right to me. At the very least shouldn't my sons mother be responsible for half the child support since the money goes to the grandmother? I am out of work and have arrears. My license has been suspended and it is harder to get work with this hinderance. I want to terminate child support since the money is not going to the person who has my son. Also I want all of my arrears to be modified due to the fact that I am out of work and my sons mother should have been responsible for half of the support since there is a third party involved. is this possible?

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Attorney answers 4


Your question has several aspects that need to be addressed. All of these fall into your needing to file a petition for a modification. First the support needs to be modified to be payable to the person with whom the child resides. At that point the mother may be ordered to pay 17 percent of her income to the grandmother as well. As to unemployment. Bayou can file for a downward modification as well. Unfortunately any adjustment will be as of the date of the petition. I hope this helps answer your question

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The custodian can allow the child to live anywhere appropriate. Child support is figered independently in the original situation you described. That means that you should be paying 17% of your income and the mother should be paying 17% of her income. Since you do not know that the grandmother is not supporting the child or not using the monies received on the child there isn't anything you can do about it. However, you can file for a downward modification of support if you are unemployed for no reason of your making.

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I agree with my colleagues.

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First and foremost, this is a complex matter that should be addressed appropriately. I opine that you need to file a petition for a modification.The Order should be modified to be payable to the individual who actually has residential custody of the child. Each party will be responsible for the appropriate 17%. Filing promptly is imperative as any modification will only take place as of the date of filing.

This answer in no way creates any Attorney-Client priveledge or relatikonship. Should you have any further questions or concerns please do not hesitate to contact me. Respectfully, THE LAW OFFICES OF JOSEPH H. JOHNSON, P.C. Joseph H. Johnson, Esq. 1770 Motor Parkway, Suite 300 Hauppauge, NY 11749 631-630-9663