My husband has 2 children from his 1st marriage. Oldest son is 18 and younger is 7. For almost a year he couldn't find them but we recently did. The youngest is living in Ga. with is Aunt because his mother was incarcerated. We are in Louisiana. My husband was never notified about the incarcerations or that his child would be moving out of the state. My husbands ex "signed over custody" to her sister even though my husband has joint custody.
He is going to court soon to modify child support since his oldest son is now over 18. But what will happen with the child support for the youngest since the mother, *the custodial parent*, doesn't have custody anymore? As of March she is no longer incarcerated but doesn't have the youngest son back and as my husband understands she has no intentions to get him back. As of right now EX is still collecting child support for both children even though one is 18 and not in school and the other she doesn't even have custody of.
He would like to terminate all child support to the EX and pay the Aunt as long as his son is still in her care. But can/will the courts also hold the EX accountable for a portion of the child support since she doesn't have the child and is able to work?
He does intent to seek custody of his child since his mother is now a 2 times convicted cocaine addict but he has to modify the child support first in order to afford the custody case.
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Neither parent has custody...child supoort?
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