I asked my dad for some help because I've been struggling for funds and he told me he can't because things are tight for him as well. He advised me to ask my mom to help because he is still paying child suport for me.
I haven't lived my mom since I was 15. So, my mom has been getting child support for me for 7 years without me being there and when I asked for help she said no flat out. (we get along...honor thy mother..but don't have a relationship).
My dad said that by law, I can take her to court because I can prove that I've been living on my own and that she was not entitled to that money, but I wanted to see how valid that is.
FYI...I am only considering this because I am struggling and not at all out of spite. I do love my mom.
2007-02-28 08:08:35 · 13 answers · asked by Cita 2 in Politics & Government ➔ Law & Ethics
I have a full time, good job. I don't want anybody getting the wrong idea. BUt everyone has times when they struggle, so please don't judge me.
2007-02-28 08:14:58 · update #1
It was court ordered during the divorce that my dad pay until age 24 if we go to college, which I did.
The money is taken directly from my dad's check and deposited into my mom's account and this is four my 23 year old brother too.
my dad would have stopped it a long time ago except he lives on the other side of the country and has to be present to take care of it..
2007-02-28 08:44:03 · update #2
..note my mom asked me to leave and I went to a homeless youth shelter. I got my own place and started paying rent at 17.
2007-02-28 08:49:12 · update #3
Your father should be in court contesting this. Child support is only payable when the child mentioned in the divorce papers LIVES with the parent being paid (or is living there part-time while going to college).
Bring your father the proof that you've been living on your own and have him see a lawyer, imo.
2007-02-28 08:17:38 · answer #1 · answered by Michelle D 3 · 0⤊ 0⤋
Well, I think the first question is "Why was your dad paying your mom child support if you were not with your mom?" Did he not know you were living somewhere else?
Plus why was he still paying child support after you were 18? At least by 21 you can no longer be called a child.
That is what the court is going to ask. Whether the money was part of some other arrangement or a gift. They are not going to side with you if your dad gave your mom that money knowing that it was not going to support you. And if he knew you had moved out (which is hard to imagine he did not) it is hard to say that he never questioned if the money went to supporting you in someway.
Yeah I would take her to court, but you need to plug the holes in that story, because right now it doesn't fly.
2007-02-28 08:19:26 · answer #2 · answered by The Teacher 6 · 0⤊ 0⤋
Your Dad is right, you have the right to the money she was given. If you were not in the house since the age of fifteen you can sue her from the time you left home to the present time. If she is still receiving money from your Dad, your going to have to talk to a lawyer about sending the funds to you from now on (if there is still the stipulation of paying for your support).
After that, I would talk to her about the other money that you were entitled to, see if she'll do anything about this. If she offers you something, then you'll have to decide if what's she's giving is reasonable or not. If after a time your still not satisfied you'll have to sue her for the amount you should have received, growing up. Depending on where you were staying, the people who looked after you, are also entitled to receive this amount for raising you. Basically, the amount you received from your Mom should go to the people who had you in their care and looked after you.
Good luck with whatever you do.
2007-02-28 08:26:31 · answer #3 · answered by trojan 5 · 0⤊ 0⤋
First, usually child support is only paid until the said child is eighteen, rare cases until the child is twenty one. Second, somewhere your mother and your father both have the court papers where it was ordered. Thirdly, contact a lawyer or clerk of court about all this, child support is to support the child not the parent.
2007-02-28 08:35:22 · answer #4 · answered by kc 3 · 0⤊ 0⤋
The person with damages is your dad, not you. He's gonna have to be the one to sue your mom. You could see if your dad would be willing to give you a portion of the money he recovers (for the 3 years you were living on your own as a minor).
2007-02-28 08:23:38 · answer #5 · answered by Milana P 5 · 0⤊ 0⤋
Why is your dad even paying? The court order to pay probably was written to terminate once the children being provided for turned 18. What up with dat?
2007-02-28 08:15:10 · answer #6 · answered by dudeman 4 · 0⤊ 0⤋
Yes Cita, you and your dad can put an end to her recieving money for nothing. She has no right to hold you and your dad hostage on these grounds. Do yourself a favor and let her know of your intintions and you expect help, or else. It's not dishonor, to stand up for yourself and your dad. Sounds as though she has done a good job of brain-washing both you and your dad, if he's stil paying for support and your not with her.
2007-02-28 08:18:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Maybe it's covering missed payments or other obligations that you aren't aware of. If he's known all this time that you have been on your own....seems to me he would have gone to court and stopped the payments or made them to you. I can't think of anyone that would continue to pay child support 7 years beyond whats legally required unless there were other reasons.
2007-02-28 08:18:35 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I don't think you have a valid legal case against her at this point. I don't understand why your father is still paying. You were technically 'emancipated' at 15 when you were no longer living with your mother. He could have stopped paying then. If he kept paying her by his own choice then it's his loss....and yours.
2007-02-28 08:42:25 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Cover your bases first. Find out what really is going on. Your mom might be lying and your dad might be lying. In fact, why are you poaching off anybody at your age? Try stripping.
2007-02-28 08:12:08 · answer #10 · answered by Dillwad Slutbucket 1 · 0⤊ 1⤋