I am 20 years old and and my Dad was ordered to pay child support while I am a full time student. My mother has taken the money for all these years and I have been supporting myself. She contributes nothing towards my school or personal expenses and I am struggling. I do not think it is fair and neither does my Dad. I want to go to court and have the money go to me directly instead of my mother but do not know where to start.
2006-07-06 16:56:29 · 9 answers · asked by amanda a 1 in Family & Relationships ➔ Family
go to the family court and/or child support division and make a petition to change the original court ordered support order. there may be a court facilitator to help you fill out the necessary paper work.
2006-07-06 17:04:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You should not have to go to court. You are over 18 so you can no longer be considered a financial dependent of your mother so she is no longer entitled to any child support. If he pays because you are a student, you may have to become emancipated from her first. You financial aid counselor should be able to help you with that. If he is writing her a check directly, just ask him to send it to you. If she fights it, have her go to court and explain what she has been doing with your money for the last 2 years.
2006-07-07 00:02:55 · answer #2 · answered by cathcoug 3 · 0⤊ 0⤋
Consult a lawyer.
Look in the yellow pages and try to find one that says "free consultation". This means they will sit down and talk to you about your legal problem free of charge. Then after the consultation, you will typically have to sign an agreement that the lawyer will recieve a percentage of whatever money he/she recovers for you (yeah, it sucks, but it's better than getting nothing, which is what you'll get without legal representation) If you can't find any that advertise free consults, then just start calling their numbers one by one, trying to find one that will talk to you cheap, or maybe even give you a quick consult over the phone.
I'm a fourth year crim justice/pre-law student, so I'm by no means a lawyer myself, but I would think, depending on the specifics of your situation, what your mother did may constitute fraud. Which means you could sue for all the money she wrongfully misused, and add the cost of your legal troubles into the damages.
Hope that helps...
2006-07-07 00:10:56 · answer #3 · answered by Noah 2 · 0⤊ 0⤋
You and your Dad need to go to the court where your Dad pays the support and explain to them the situation, if they will not do anything, then if he still has an attorney or if his attorney will still work with him on this, then he needs to start with the attorney
first and yes, it will probably mean going back to court to get the child support back to yu. Also, if your Mom receives this and she is not using it to provide for you in the manner that your father sees fit, he can take her back to court and hold her in contempt of court for not providing you with the finacial means to pay your schooling.
2006-07-13 21:36:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋
actually,the person that said you don't need court is wrong.Unless otherwise specified in their divorce,the father has to pay support until you're 21 or out of college(or 24,whichever is 1st). However,if she really hasn't been supporting you at all-summers,etc,then you should get a lawyer.They have legal aid if you don't have $$.You can also claim yourself on taxes if you do this-she can claim you 'till your 24,if in school.
2006-07-07 00:16:25 · answer #5 · answered by bannelee 1 · 0⤊ 0⤋
You need to talk with a domestic relations attorney in your local area and he/she will need to see the order. Although I am a practicing DR attorney such an order would not exist in my state. Child support, however, is for the child so at your age, it would make sense that the money comes to you or at least is applied to your expenses, such as college.
2006-07-07 00:11:38 · answer #6 · answered by Cate C 1 · 0⤊ 0⤋
Talk to your school, most schools have legal aid for their students, then you can talk to a lawyer and most likely take your mother to court and since you are a student they will probably rule in your favor!! Especially if you are no longer living with her.
2006-07-07 00:15:07 · answer #7 · answered by Sharon P 2 · 0⤊ 0⤋
Drop out of school and the required payments will cease. Make an arrangement with your dad for him to pay when you start back up again. This will work if you have no younger siblings.
2006-07-07 00:10:08 · answer #8 · answered by Mike R 5 · 0⤊ 0⤋
You and your father probably need to get together and set up an appointment with your states Attorney General's local office. In Texas, where I live, the are the agency that handles this. Call them and tell them what is going on and see how they can help you.
2006-07-07 00:02:04 · answer #9 · answered by Birdlegs 5 · 0⤊ 0⤋