Does my dad have to pay child support??

Question

I am moving in with my mom for the remainder of my senior year. I am only 17. My mom is way behind in her child support because she has been going through some hard times and couldnt afford it. My dad still has custody of me and for some reason wants me to live with my mother (i think it has to do with my step mom). So now that im going to live with my mother, does my dad have to pay child support?? he says he is not going to because my mom is way behind, but does that affect it?? If you guys could give me some advise and maybe a websiteso i have some solid evidance i would be very grateful... Thanks

Answer 1

Yep.
And you can't take one child support order out of another. Each order stands on its own. Just because he has a non-forgivable debt against her doesn't mean he gets to slack off.
Here's the situation: you probably have either one or two years of child support left (unless the order provides for college).
Now, here's the big question: was any of that child support for welfare of any type? If that wasn't, the parents could arrange for a forgiveness of debt on both sides. Keep in mind that even under the Bradley Amendment, the CP always has the option of forgiving the debt. I'd check with a lawyer first, however; I am not a lawyer, and the deal I am proposing is merely based upon my understanding of the law.
Your mother probably should have filed for suspension or lowering of the child support when it happened. But unfortunately, CSE often fails to remind the parents of that right. It wouldn't go to well, telling people that they have other options than drowning in debt. Might give the NCPs ideas.
Unfortunately, you seem to be living with people going on emotion and less on the law.

Answer 2

Yes, he will have to pay child support if it has been court ordered & laid out in your parents' divorce decree. They need to talk to an attorney & someone in family court system about the situation before you move in with your mom. They may be able to work a deal out.

Both of your parents should have notified child support enforcement long time ago when Mom said she couldn't afford to pay. Child support enforcement could have pulled a portion of your mother's paycheck to pay for the present support & take any income tax refund check to pay for the back support she owes. Your mother should have contacted them when she hit the hard times to have her order amended.

Your parents need to pay what they owe, no matter what. You & any siblings are the ones being cheated out of what you need. They are forgetting that. If they want to be stubborn, let them be, but remind them that depending on your state, they may lose a license, such as a business, or any benefits from the state or federal government(i.e. social security) that they are entitled to. Good luck!

Answer 3

legally your dad has to pay child support untill you are 18 or 21 depending on the state anyway it seems your dad has found a loop hole , he is letting you live with your mom and not telling the courts and what the courts dont know , wont hurt him

Answer 4

Only if there is a court order telling him to pay child support.

Answer 5

In most states, everything has to be done through the courts for it to be legally binding.
For example when my daughter finishes college, I need to petition the court for discontinuance of support.
Many of these are simple documents that can often be found at your state website. e.g. California is www.ca.gov

Answer 6

Your mom could take dad to court, I wouldn't recommend it though. Dad could have mom fried for being so far behind. Women wanted equal rights, well by golly they got'em now deal with them.

Answer 7

if the order says your mom owes,she always will until paid off. if your change of residence don't go through the court your dad won't legally owe.

try findlaw for specific state laws.

Answer 8

If your Dad was a real man you wouldn't be asking this question !!!