Greetings. First, if DSS moves to intervene, it means that they are taking over enforcement. What will happen is that your husband will have an arrearage set up for him, an amount of past due child support to be paid in addition to his monthly amount. If this ever happens again, immediately see an attorney to file a Motion to Modify. Too many people just think that they cannot afford an attorney to help them when their financial situation changes and that the court will be lenient later, but this is not the case. The court can only back date a modification in child support to the date of filing the motion.
Now, your husband should file a Motion to Modify Child Custody, asking that the court grant him custody and allow her visitation. You will not have a kidnapping charge. If you all live in NY now, you can move the entire matter to NY.
Finally, the child support will be by the guideline amount. You cannot make her accountable for what she spends the child support money on, that is her option. Best of luck and let us know if we can help.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.