Is it illegal for a Non-Custodial parent to keep receiving child support?

My 15 year step son now lives with us full time (THANK GOD), his Bio-Mother has not seen him for over 40 days now, but still is cashing in on the child support and also keeps asking our attorney if we are going to keep paying. Does this not sound illegal to everyone? Kinda like she wants us to purchase him from her. Child has no interest of ever seeing her again. But we are still trying to hash out a new custody order. Any input from anyone? I think our lawyer is getting soft!Is it illegal for a Non-Custodial parent to keep receiving child support?
Your lawyer needs to get into court ASAP and stop that support order! You don't need a new custody order to get the support payments stopped. . .as long as he is living with you full time, child support should not be going to her. In fact, she needs to be paying support to you guys. While it is not technically illegal for her to keep the payments, she may end up having to pay it back. However, until his support order is change, your husband has to keep paying the support to keep himself out of trouble. The type of woman who would cash support checks when her son is living elsewhere is the type of woman who would report your husband if he stops paying. Get the support order changed first since that's the easy part. . .the custody can get done later.Is it illegal for a Non-Custodial parent to keep receiving child support?
If there is no legal change in the child custody and/or support order, it is still binding. Your husband can actually face contempt charges for not paying. Get the custody order and new child support order done.
Just ask the person receiving the payments for an accounting. This MUST be furnished and it MUST show that the money was/is being spent totally on the child. Any other use is fraud.
40 days is nothing...you need to be patient. If you are trying to hash out a new custody order you are probably also going to go in for child support too. If you case has been assigned to a child support officer you can contact them and let them know you have custody now...but the MOTHER will still have rights to visitation and that might still give her some rights to some child support. I think it will all depend on how much time each parent has with the child and how much each parent makes.
If your child is living with you then you shouldn't have to pay child support to the non-custodial parent. However, it sounds like you are still trying to get the legal stuff wrapped up so until a judge issues the final order in this current situation, you are still bound by your current order to pay her child support. Continue paying so that you don't fall into arrears. Keep track of the amounts and check numbers of what you pay. The judge will probably rule that any support paid to her during the time she doesn't have the child will have to be returned to you... just make sure your atty knows to inform the judge that you are still paying and ask for repayment.
It is illegal to keep receiving child support for a child who no longer resides with you, so i woulod report that to the services....however, did your stepson move in with you legally? he is a minor and unless the father has full custody of him (and the mother does not have full legal custody) you need to go through the legal steps in order for him to be able to live with you legally...otherwise, if he is still ruled to be under the mother's custody, he can be qualified as a run away --- i would consult a lawyer because i am making a guess