I am wondering about child support. My fiance has a daughter 17 and she quit school 7 months ago...he pays child support right on time and not missed any payments...he was told by a friend that once she turns 18 and not in school, he doesnt pay child support. She quit school, doesnt work, and is big into drugs...she spends $ on drugs and he is afraid her mom will give her child support and doesnt care what she spends it on, she even has a boyfriend that spends the night with her and her mom doesnt care...her dad (my fiance) wanted to take her to be drug tested and her mother wouldnt allow it....he has joint custody. We live in alabama....hope someone can help me.
2006-10-02 02:57:04 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
"Child support and quitting school?"
There is no quick answer to your question.
The non-custodial parent should file a motion to terminate child support sometime around three weeks before his daughter's 18th birthday with a hearing date scheduled for her birthday or later. Generally, the non-custodial parent must have the order for support terminated by the Court-- those orders do not terminate automatically when the child turns 18-- since that child might still be in high school or the divorce judgment might also provide for support during college years (generally giving the custodial parent a right to continued child support payments).
Most custodial parents do not turn over child support payments to the children, so I doubt the mother is just giving child support money to the daughter. Even if she were, the non-custodial parent can't ask for an accounting of how child support payments are used unless the child is being deprived of the standard of living the support is intended to provide.
As to the sexual conduct of and a drug test for a 17 year old; You're probably a little too late. The age of consent for sexual relations in Alabama is 16 years of age. A Department of Social Services (or DCFS or CPS) probably wouldn't touch it unless there was some sexual abuse or exploitation happening. And you might not be able to get her tested for drugs without her consent.
But take her anyway and try to get her to agree. What do you have to lose? The custodial parent would be stupid to initiate a child custody proceeding for a young adult who will turn 18 before the proceeding is complete....
Although the magic number is generally "18" for child support, that doesn't stop the difficulties with young adult. Free drug and alcohol support groups (such as Alanon) might help the father deal with the challenges of having a drug involved daughter.
[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]
2006-10-06 01:52:07 · answer #1 · answered by ParaNYC 4 · 0⤊ 0⤋
Usually it is contigent upon if the adult child is in school until 24. Depends on the staten ( AND THIS INCLUDES MEDICAL COVERAGE SHOULD IT HAVE BEEN AWARDED IN THE COURT ORDER). If there is joint custody he has all the parental right assigned, inclusive of committing her to a clinic. It depends what he wants for his daughter. If the mother is allowing this as you say, then she can be brought up on charges. Seeing as she is going to be 18 anyways, however, it really would be another issue. Look up your state laws, although, I would ask why isn't he asking the questions himself? This should be something he needs to take care of, and you can help him when needed, but publicly, you should stay out of it, as this is between the father the mother and the daughter, and it would only build ill-will. Remember, if he misses payments now, it's possible in your state that the mother could get a judgment for arrears up to three years after the child has reached adulthood, and this can go on his credit. Just in case you were wondering on skipping the last few months of payments or if there really are arrears in the past. In which case, child support does not stop per say, they will still collect on arrears for the amount ordered in the judgement plus the interest rate per annum as the stat's statutes provide. Also when you are behind they can take up to 50% of his check per federal statutes.There may be a self-help area in your court or a legal aid you can go to to ask questions.
2006-10-02 03:54:31 · answer #2 · answered by x x 1 · 0⤊ 0⤋
He pays until she is either 18 or until she is finished with high school or otherwise emancipated (i.e. joins armed forces or gets married). He should get a paper shortly before her 18th birthday regarding the termination of support. If he does not, contact CSEA ASAP (transalted - call child support immediately). If she is still not in school then, it will be terminated.
He is still her father and has rights as the father. If he has joint custody - even better yet. Is he using the my-ex-wife-won't-let-me statement as a cop-out? I can't imagine why he hasn't gone and gotten her kicking and screaming all the way. It would be a cold day in hell that would be happening to my kid!
2006-10-02 03:48:52 · answer #3 · answered by Zelda 6 · 0⤊ 0⤋
Here is a link to Alabama's child support site:
http://www.dhr.state.al.us/page.asp?pageid=288
Laws vary from state to state but in WI child support ends at age 18 and the child has graduated or is no longer attending school. My advice would be that you contact your county child protective services agency and talk to a social worker regarding her drug use and the fact the mom is allowing her minor daughter to have sex in her house. Time is of the essence because she will soon be emancipated!
Good Luck
2006-10-02 03:10:54 · answer #4 · answered by Cherie 6 · 1⤊ 0⤋
It looks as if the daughter is out of control, and that this is not going to be solved at this late date by his seeking sole custody. For the few months that are left, however, he can assert his authority and hope for the best. If he can afford it, a private professional that keeps the drugs issue out of the courts and prevents the girl from being imprisoned for a lengthy Alabama-type sentence would be best for all. (The criminal system generally allows private counselors to try to do their work. No civil servant wants to create work for him- or herself if the private sector can solve the problem.
In general, child support under age 18 is not contingent on schooling. After that it usually is. But read the original court order.
2006-10-02 03:21:37 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Does he want the girl to get help (as joint custodial parent, he does have that responsibility), or simply to get out of paying child support in a few months?
What does the support order say?
2006-10-02 02:59:45 · answer #6 · answered by kingstubborn 6 · 2⤊ 0⤋
Most likely the child support payments go towards helping to put a roof over her head....food in her stomach....clothes on her back....and health care.
If he lived with her what would he do?
2006-10-02 03:03:53 · answer #7 · answered by daljack -a girl 7 · 1⤊ 0⤋
In the UK, the Child Support ends when the child ends full time education, at the latest the September following the 19th birthday.
2006-10-03 05:59:10 · answer #8 · answered by NJP 3 · 0⤊ 0⤋