I pay child support to my ex-wife who lives in another state and technically has custody, but her mother has guardianship over our children.
How do I stop paying child support to my ex-wife in her state (Alaska) and set up an order so the money goes to the children’s guardian who lives with the children in my state (Indiana)?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce and child custody laws where I am licensed to practice.
In order to file any pleadings in the Indiana case, you will need to intervene in the guardianship case in Indiana. Once you have been given permission to intervene, you should file a motion to establish child support in the Indiana guardianship case and a motion to join the child’s mother if she is not already a party to the case. If the guardianship case has not been filed in Indiana, one will need to be initiated before these steps can take place.
You will also want to file a Motion in the Alaska case to modify your child support obligation. Evidence will likely need to be presented that the Alaska court no longer has jurisdiction over the children and your child support under Alaska should cease and the home state of the children should have jurisdiction to assume control over the child support issues and the children.
Since the children reside in Indiana, so long as they have resided there for at least six months and are the subject of a guardianship case in Indiana, then Indiana will likely be considered the home state of the children.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.