Both biological parents are now non-custodial- now what?


#1

My stepson was just placed into a group home earlier this month (he is severely handicapped, his health needs are now far greater than what can be provided at home). He receives CAP funding, Medicaid and we’re in the midst of applying for SSI.

Although they both have joint custody, he had always lived primarily with his mother. The mutually agreed dollar amount for child support has been paid to the biological mom throughout the years without fault.

My question to you is, what part does child support play into this scenario now? We were told by the biological mother that we’re still responsible for child support (to the group home now). If that is the case, wouldn’t she be equally responsible?

I’m wondering if we’ll need to have the child support reviewed and modified since the circumstances have greatly changed…

Also, I may be misguided, but if he’s receiving CAP funding, SSI and Medicaid… is child support even still supposed to be paid? Really?

Any insight you can provide would be greatly appreciated.

InAllFairness :?


#2

Child support would be properly modified at this point in time based on the fact that the child is no longer living with his mother. I n situations like this when the child does not live with either parent, it is an appropriate case to deviate from the guidelines and have child support set by a judge after hearing all the evidence including that regarding all supplemental funds.


#3

The child support was not court ordered, it was just in their agreement.

We decided to go directly to the source and not rely completely on the ex’s word. We wrote a letter to the CEO of the group home inquiring as to what financial obligations the biological parents have to the group home or any other agency. We are waiting for a response from her, in the meantime, we’re not paying anything.

If for some reason down the road, we are approached with this issue again, we’ll seek counsel at that time.

Thank you for your response.