What to do if my daughter receives monthly child support for her 3 children in the amount of $1,200 but I have her children and have had them for over 3 years now?

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What to do if my daughter receives monthly child support for her 3 children in the amount of $1,200 but I have her children and have had them for over 3 years now?

I receive none of the child support monies. She also receives food stamps for the kids and I had to argue and fight to get her to give me the ebt card. I am thankful to have that much. But it’s so depressing that all the child support money goes to drugs and her street friends and its gone within 2 days. That leaves my husband and I trying to get kids their basic nessities to survive on just his income. I am not able to work due to health but can’t even consider when I’m the soul caretaker of the 3 kids Monday through Friday as my husband works out of state and comes home Friday evening.

Asked on November 2, 2012 under Family Law, New Mexico

Answers:

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

Answered 9 years ago | Contributor

You need to do two main things.  The first is file a custody suit in the original case where child support was ordered.  You will have a good chance at obtaining custody in that you have had the children for three years.  You can request that the orders be modified to require that the child support be paid directly to you.

Second, you need to notify the food stamp office that she does not have physical possession of the children.  You can do this now, or you can wait until after the modification. Waiting will help in that you will then be able to show the food stamp office that you have custody and also get those benefits converted to you.

It will make things go more smoothly if you can obtain a family law attorney.  You may have to make a few payments, but it would be worth it to insure that your grandchildren are safe and provided for.  If you cannot afford an attorney, look for legal clinics in your area that provided reduced rate or free legal services.  


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