Iam 18 years old and Iam a highschool student, my aunt and mom has custody of me but they have little or no income at all. I also donot have an income. My father works two great paying jobs, and does not do anything for me, thus Iam a struggling with tuition and transportaion to and from school. Can I take my father to court for childsupport even though I'm 18 years old?
2006-11-28 03:41:22 · 6 answers · asked by la la 2 in Politics & Government ➔ Law & Ethics
Yes you can. I hope in your case there is already a Support Order in place. In spite of the fact that you've been emancipated, you can sue for the arrearages. I say go for it!!! :)
Best regards!
2006-11-28 03:53:16 · answer #1 · answered by Lenora G 1 · 0⤊ 0⤋
Yes, you can. But first you have to prove that there was an court order issued, ordering him to pay support, which he did not comply with. He will be given an opportunity to pay up or face charges for contempt of court, and have fines (and very rarely, jail time) piled on top of the back child support.
If there wasn't any such order (although I can't imagine why your mother wouldn't have gotten one), your father is not guilty of violating any laws. He has always had a MORAL obligation to assist with your support, though, and sometimes, courts are sympathetic to that aspect.
You can file a motion at the courthouse without an attorney, to attempt to compel your father to fork over some money. A court date will be set, and you will be given an opportunity to convince the court why you feel you are entitled to a monetary judgment. Be prepared, though, that, without an original order for support, you may very well walk away with nothing. I think it's worth a try, anyway. I also think that the question may be raised about why you yourself are not working, even part-time, to help yourself with your own expenses. I'm not judging you here - I just know the way courts look at things. Best of luck to you. Stay in school, no matter how this thing turns out. Your father has already lost the most valuable thing a man can have, and that is, the respect of his child. You have already prevailed by showing him that you can make a life for yourself without him.
2006-11-28 03:54:44 · answer #2 · answered by happy heathen 4 · 0⤊ 0⤋
You may be better off contacting th child supprt division of your local DHS office. Depending on the grounds for the divorce he may still have to pay child support if you are in school. Seek advise from professionals.
2006-11-28 03:44:55 · answer #3 · answered by amiguita_malu 2 · 1⤊ 0⤋
Maybe past child support. Depending on the state. I thought they had to pay till out of high school.
2006-11-28 03:45:21 · answer #4 · answered by Reported for insulting my belief 5 · 0⤊ 0⤋
Nope....you are now an Adult sorry, you must get a job. Like most have to do. I had 2 when I was in school. College it is hard but can be done
2006-11-28 03:45:55 · answer #5 · answered by devilduck74 3 · 0⤊ 0⤋
Your mother should be doing this.
2006-11-28 04:05:36 · answer #6 · answered by JC 7 · 0⤊ 0⤋