Question:
I pay child support to my ex who has primary custody, however my child almost exclusively lives with my ex’s parents.
I would rather pay this child support directly to the grandparents since they are the primary caregivers, and my ex just takes the money and uses it on trips since she rarely sees our child.
Can I pay child support to the grandparents if the court order requires me to pay to the child’s mother?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce and child support laws where I am licensed to practice.
A party may petition for a modification or termination of child support if the party can prove a material and substantial change in circumstances upon which the petition is based.
However, your situation is a bit more complicated because, where I practice, the party that has primary custody of the child is the party who will receive the child support. Therefore, bringing a petition to modify your support obligation would not give you the relief that you are seeking.
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Since your ex has primary custody of your child but you want your support obligation to go to her parents because they are the ones caring for the child full-time and the child is living with them, you would have to Petition for a Modification of Custody. The judge would then have to make a determination based on the best interest of the child.
Since your child is living with your ex’s parents and they are the primary care takers of the child, it is possible the judge could award primary physical custody to the grandparents. In that case, child support would go to the child’s grandparents as opposed to your ex.
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.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Philadelphia Divorce Lawyer Ashley Weiner, contact Cordell & Cordell.