Posted to Soc, but looking for opinions here too...

[lucky]

TEXT OF CURRENT ORDER (in MN):

IT IS HEREBY ORDERED:
Commencing Friday, October 1, 2004:
1) Petitioner (DH) and Respondent (BM) shall share joint legal custody of their minor children:
OSS date of birth 11/1988
YSD date of birth 02/1991

2)Respondent shall have sole physical custody of the minor children:
OSS date of birth 11/1988

3)Petitioner shall have sole physical custody of the minor child:
YSD date of birth 02/1991.

4)Visitation will remain as currently ordered.

5)Neither party will be obligated to pay current child support so long as each party retains physical custody of one of the parties' children.

6)Each party is solely responsible for any and all costs related to medical, dental, counseling and other types of health related issues including insurance premiums for the children in their physical custody so long as each party retains physical custody of one of the parties' children.

FACTS:
OSS is now living full-time with my 18 yo DD who is completely supporting him with the exception of ~$100 per month for food obtained from BM's food stamps. He's been living with DD since mid-September and refuses to live with me and will not move back in with BM unless she obtains a permanent home.

BM receives cash and food benefits from the state for herself and OSS, BM is living with her boyfriend at his parent's home (not permanent).

My DD is a full-time student living off of financial aid and student loans and will not be able to support another person for very much longer.

On paper, BM retains physical custody of OSS, even though reality is that he lives with someone else. No one wishes to file for a change in custody due to son being 11 months from turning 18 and a court case for that would never be completed in time.

My YSD still resides full-time with us and there is no chance of that changing -- she will NEVER choose to live with her mother and her mother can't win a court case against us.

MN has an expedited child support method that would result in a court date with a magistrate ~1-2 months after filing.

QUESTIONS:
1) Can my DD file for child support for OSS since SHE is supporting OSS, not BM?  I know that this could potentially bite us as they may try to make dh pay cs as well, but let's pretend that isn't going to happen, ok?

2) In your opinion, would it make sense for dh to file for child support for YSD given that BM is no longer supporting either of their children?

[em]Lucky

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

[snapplegirl69]

Quote:1) Can my DD file for child support for OSS since SHE is supporting OSS, not BM? I know that this could potentially bite us as they may try to make dh pay cs as well, but let's pretend that isn't going to happen, ok?

As far as I believe,the only person who will receive cs is the one who has custody of them.bm still has custody,so she should be sending your dd cs.

It wont bite your dh because bm has no children living with her,so he wouldnt have to pay her anything.She might be ordered to pay cs since she is not supporting any child now