Hi, i am currently a working student who supports her mom. My mother has 3 years of not working, and my dad left us 2 years ago (me, my mom, and my little brother) so i had to support more than half cause my dad only gives 350 a month. I agreed to take care of my mom but feel my little brother is not my responsibility so asked my dad to give a little more or to at least take my little brother to live with him for some weekends. But he does not want to do either. I told my mom to request child support cause its not fair to me. My mom does not work because I choose to take care of her and her health but I was wondering if the court will say anything to this? My dad does not want my little brother to live with him and gives very little money for what he gets monthly. Should we request or do we not have a case? Also do I have to include my income even though I am not a parent?
2007-02-15 07:52:06 · 17 answers · asked by Bella 1 in Family & Relationships ➔ Family
Haha! I find so many people seeing this the wrong way! I will tell my mom to get disability... also some people here really dont get it. I love my little brother! He is such a cool kid that dosent seem bothered by this, he understands and loves his family, but really, having a father that gets 30,000 a year vs my 18000, taking more care of my little bro? I just started to open my eyes. People ive been doing this for two years!
2007-02-15 08:25:32 · update #1
It should never have been your responsibility to care for your mom and little brother, it is your father's. Check with your county court to see about filing for child support. Child support is usually determined by the parents income. In this case if your mother has no income, it is determined by your father's income and whether your mother has the abililty to produce income. If your mother is not well enough to work, does she qualify for disability/social security. So that you do not have to shoulder all of this responsibility on your own I would suggest you check with a well recommended lawyer in your area as to both issues. Good luck and God Bless you.
2007-02-15 08:01:25 · answer #1 · answered by tersey562 6 · 1⤊ 0⤋
If you are the one providing more than half the income for your mother and your brother, you are entitled to get child support. You may run into issues because you are not the legal guardian, but if your mom is too sick to care for him and leaves the responsiblities to you then it's like you are his legal guardian or caretaker. Your mom may have to sign custody over to you, but you can get child suppport. Though it may not be much more than the $350 he has been giving a month depending on his income, unless your parents were married, then he would have to give you more to support her as well. As far as your little brother is concerned you're right he shouldn't be your responsibility, but he is your responsiblity if you agreed to take care of your mom and that's her child. All you and your mom have is each other and you two are all that he has. Think about how emotionally hard this is on him with a sick mother, a missing father and a sister who doesn't think he is her responsiblity. Don't make him suffer for mistakes made that have nothing to do with him and a situation that is not his fault. The fact alone that your mom is sick and unable to work and has a child she will get support, you will probably have to show your pay stubs, since you are the primary caretaker of your mom and brother, You don't need lawyers nowdays either, you or your mom, whomever decideds to file should go to your state Social Services Dept/ Office and tell them you want to apply for benefits. Your dad has a responsibility to pay for his kids by law, so as long as you go thru the proper channels it should all work out. All the best.
2007-02-15 08:07:12 · answer #2 · answered by TRUTH HURTZ 4 · 1⤊ 0⤋
You need to contact a lawyer, but yes your mother has the right to request child support, especially if her health keeps her for working. She may even be eligible for disability. If your mom can't work and is raising two kids at home then she should be getting alimony as well as child support. If you are 18 I'm not sure if you count as her dependent anymore but if your brother is a minor then she should qualify. Good Luck.
2007-02-15 07:57:55 · answer #3 · answered by Gleason B 1 · 0⤊ 0⤋
By all means. Your mother's unemployment has nothing to do with it. Your father MUST support his child.
Here's the thing, though: your state MAY think $350/month is enough for one child. It's not the same as alimony, this is ONLY to support your brother.
Your income shouldn't be a factor.
2007-02-15 07:57:40 · answer #4 · answered by Anonymous · 1⤊ 0⤋
First of all, if your mother is able, she should get a job. I'm not sure it's your dad's responsibility to pay more because she doesn't want to work. If she's not able to work, she should be getting disability.
Having said that, if your dad doesn't want the boy to live with him, I don't think you should try and farm him out. He's a person and he deserves to be in an environment where he's wanted.
As far as whether you have a case, you need to speak to an attorney in your state.
2007-02-15 07:57:17 · answer #5 · answered by leaptad 6 · 0⤊ 0⤋
This will probably vary from state to state. I suggest you contact a Legal Aid representative in your area and ask what they recommend. They can at least point you in the right direction. Odds are, your mother will have to be the one who will actually make the request and be the client. As a good daughter, you can do the leg work for her and get as much information upfront as possible.
2007-02-15 08:01:09 · answer #6 · answered by kj 7 · 0⤊ 0⤋
You are entitled ( your mom) for child support regardless of your or your mothers work status. At the very leaset you should apply for disability for your mother and brother or federal help such as TANF or ADC
2007-02-15 07:58:11 · answer #7 · answered by shiela C 1 · 0⤊ 0⤋
In short... the fact that your mother does not work, has no bearing on whether for dad should pay child support... his kids are still his kids...
Child support or maintenance is a right that you mother needs to pursue... a lawyer will need to be involved and may cost. but its worth it...you may have to pay as much as 1000 to retain a lawyer to get a motion for child support.
the forms will require you to disclose the income, but this is not something that he can use to vary the payments.
Get him to pay...it sickens me when i hear this type of crap...i pay for my children, they are my children, regardless of who they happen to live with.
2007-02-15 08:01:30 · answer #8 · answered by Cesar G 3 · 1⤊ 0⤋
I work as a legal aide. You have an excellent for child support and posssible additional funds for you and your family. Find a good lawyer and go get em!
2007-02-15 07:56:30 · answer #9 · answered by luckford2004 7 · 0⤊ 0⤋
You are a sweetheart!!!! Your income has nothing to do with anything so no worries. And the court will make your father pay for his kids it doesn't matter what your mother does.. His kids and he must support them
2007-02-15 07:55:40 · answer #10 · answered by BLONDE BEAUTY 4 · 0⤊ 0⤋