this is kinda a legal question concerning child support... read below for details?

Question

my father owes my mother back child support which the sate is now taking out of his pay, he has asked my mother to sign her rights away to the money, he owes this he never paid a dime,he and his girlfriend have threated to press fraud charges against my mother b/c my brother no longer lives there (we're all above 18), my father also signed his rights away to my brother 4 years ago (my brother now lives with him).so my question is can he press fraud charges or even sue my mother and what can my mom do to protect what is rightfully hers. answers and websites would be great, i have a feeling this is going to get ulgy

Answer 1

I am a lawyer in Florida. This is just general advice and it is not intended to be specific to your state or to enter into an attorney client relationship.


The court provided that your father pay child support until the age of majority (usually 18 in most state, but there are numerous exceptions, not important here).

It is clear that an arrearage built up regarding you. This means that your father owes money to your mother, it does not matter if you are 18 or older. The state is not taking out new child support, it is only collecting back child support. I am not sure what you are saying about your brother and 4 years ago. Perhaps if your brother was under 18 when he started living with your father.

Who is going to press the "fraud" - nobody will listen to him or take a complaint. Every deadbeat father claims "fraud".

At best, your father can request an accounting from the court which entered the order. If there is a mistake, then it should be corrected. But there is no fraud.

Your father, and his gf, are just talking sh*t as we attorneys say. LOL.

Answer 2

Get your phone book out, and call some lawyers. Usually, the first consultation is free. Without reading their original divorce decree, it would be impossible to advise either way. But the fact of child support is based solely on who is legal custodian and the amount of child support rendered monthly, until what ever the decree stipulates as far as age, which is generally 18 and or in some cases until the child graduates college. More kids (after becoming of legal age) today are actually, filing suit on the "dead beat" parent that never paid the finical responsibility and winning. Never believe a threat such as the girlfriend is making, Its obvious she is a gold digger and cares about nothing but herself, and just being a girlfriend really gives her no weight in these matters. Just tell her to stay out of it!!! Good luck!

Answer 3

Is your mother not entitled to free legal representation from the Friend of the Court? Most custodial parents are. I suggest she try that route if possible, although she may have been scared to seek this help by what your father has led her to believe.

He sounds as though he is just "blowing smoke" as many men in his position will. He's the one that should be afraid. You mother needs to arm herself with some accurate information and turn the tables on him. She needs to avoid contact with him as much as possible and just maintain relationships with you and your brother individually, not through him.

Tell your Mom to check your state government website and follow links through to Health and Human Services and Child Support Enforcement. She should be able to find some helpful information there.

Personally though, I would suggest you try to remain as uninvolved as possible. You are the child, and really shouldn't be placed between your parents.

Answer 4

If you father signed his rights away from your brother, then why is he living with him? That meant that he didn't want anything to do with him or pay for him. And looks like the same goes for you. If it is back child support and you two were living with your mom during that time, he can't touch your mom. If he signed his rights away, then he doesn't have to pay childsupport for that child, but he does have to pay childsupport for you. I would verify everything with a lawyer though to be safe. I hate dead beat father's. Good luck.

Answer 5

It's not fraud if the money is rightfully hers. The girlfriend is just being greedy, as girlfriends of guys with children often are.

Talk to a lawyer, but your dad and his girlfriend have no chance of hurting your mother.

Answer 6

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Answer 7

He owes the money. He is a deadbeat just trying to bully her into giving up her rights. Tell her to sign nothing.