Legal Question in Family Law in Kansas

child support payments paid to a grandparent

My dauther left her son with us and the state of Iowa erroneously sent me child support payments in the amount of $1,691.00. Nownthey want this money back. What I want to know is do I have to pay this money back and if I do how much do I have to pay ? I only work at a manual labor job and have a disabled husband and another child to take care of. I can't afford very much because we do not have much money and we have alot of medical bills and medical problems. thank you


Asked on 3/04/00, 11:10 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: child support payments paid to a grandparent

Your facts are not clear, but it appears that your daughter may have been entitled to the support payments from her ex in Iowa. If this is true, perhaps your daughter can intervene with the State and waive any right she has to the payments and assign them to you as compensation for the time you cared for your grandchild.

You will have to convince Iowa that you were entitled to the money or that your daughter and grandson got the benefit of the use of the money. If your daughter is claiming that she never got the money or the benefit of the money, then you will certainly have to repay Iowa all the money which you got. Since you are in Kansas, the State of Iowa may not want to spend the money it would take to file a lawsuit in Kansas to get a judgment against you. They may threaten with letters, but you don't need to worry until you get served with a lawsuit. If you get served you have got to answer the lawsuit or default judgment will be issued against you. Without a lawsuit and a judgment Iowa can't do much other than threaten and intimidate you.

If you still have your grandson you may want to apply for legal custody of him. If it is granted you may be then entitled to any present child support.

You may want to contact a "legal services" attorney near where you live. If your financial situation is tight they can provide services at a discount or at no charge.

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Answered on 3/20/00, 11:36 am


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