What to do about child support if my son’s mother dropped him off at my house for what was supposed to be a weekend visit but he’s still here 5 monthhs later?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about child support if my son’s mother dropped him off at my house for what was supposed to be a weekend visit but he’s still here 5 monthhs later?

He is 5 years old and she has only seen him once during this time. She agreed that he is better off with me. However, the problem is that child support is still being taken from my checks because she refuses to call her worker and tell them I have our son. What are my options?

Asked on November 28, 2012 under Family Law, Minnesota

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First, you need to call the worker and let them know of the change in the situation.  Second, you need to modify the custody and child support order.  Mostly likely, your check is being garnished because of a wage garnishement order issued by a judge.  To undo that order, you would need to file a motion to modify custody, which would also include a motion to terminate your current child support obligation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption