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?

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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 12 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.


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