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Does anyone know if...

Started by Forgotten Father, Apr 27, 2004, 06:51:12 PM

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Forgotten Father

I would have to continue to pay child support to my ex if my son is in a year long residential treatment program.

Please understand that I am not trying to get out of my obligations, but I really have a problem paying her while she has my son put away.  I would rather pay the facility that he is being sent to.

Thank you for any information that you all can provide.

forgotten father

desperatestepmom

Hi, I do not know what State/County you are in but I am sure that if he is in a Residential Facility year round that she is paying for it.  You can ask for a modification so that your child support go straight to the facility for the care of your child.  Good Luck.

KAT

It depends, is he being made a ward of the state? If so she will probably be required to turn over the support checks and in addition cut one of her own. State care isn't free...something they don't bother to tell parents until after they start using state family services for intervention.
KAT

Forgotten Father

He is being sent to this program by court order rather than them putting him in juvenile detention.  In fact if they do not find placement for him he will be placed in detention.

From what I understand there is no cost because he is being incarcerated....I don't know for sure.  I can never get a straight answer.

Does this help?

FF

KAT

I find *no cost* hard to believe since they get Federal funding from doing so (ward of the state).  States don't do anything for free anymore. Frankly, they don't bother to tell parents that YES there is a cost involved UNTIL the child is in the system for MONTHS.  I'm guessing it depends on what state you are in however.
Do you know for certain he is not being made a ward of the state? You really should obtain the court records. It is your legal right to do so (probably cost involved).
If you let me know what state you are in I will do research for you when I get some time!!!
If you find out that it is a freebie, by all means file to modify support!!!!! There is a chance the judge will say that the custodial parent needs to have the support in order to provide a home for the boy when he is released, but I would certainly file anyway!!!!
KAT

lucky

I'm in MN.

When osd was in foster placement and in the 3 month correctional placement through juvenile court order, both dh and pbfh had to fill out financial statements to see how much they each had to pay (on a sliding scale) the county back for osd's care.

Neither of them had to pay anything based on their incomes, HOWEVER, 50% of the current cs that pbfh paid for the three kids was taken right off the top and kept by the county for osd's care.  Not 1/3 (which was actually osd's portion) but 1/2 of the cs paid or due -- pbfh ended up with a judgment against her to the tune of $1800 because she quit paying cs -- along with owing a couple grand in arrears to dh.
Lucky

Lead your life so you wouldn't be ashamed to sell the family parrot to the town gossip. ~  Will Rogers

Forgotten Father

I am in Florida.

I have not been able to obtain copies of the court records because I have to go in person to see the file and get any information.  I live 8 hours away but they are still unwilling to help me over the phone or by mail.

All I know is that because he has violated his probation he "owes" a certain amount of time to the state (incarceration).  Because he is bipolar his probation officer and therapists are attempting to have him placed a "camp" type environment rather than JDC.

Once a child becomes a ward of the state how do you get them back?

Thank you so much for your help.

FF