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 08:09:49 · 11 answers · asked by Cita 2 in Family & Relationships ➔ Other - Family & Relationships
It was court ordered during the divorce that my dad pay until age 24 if we go to college, which I did.
2007-02-28 08:17:18 · update #1
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.
2007-02-28 08:18:50 · update #2
Okay I won't add details after this...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 08:40:48 · update #3
Your father is right, if you can prove you have not lived with her for the past 7 years, the courts can demand she pay back the child support she collected. I believe, at your request, they can require her to pay it to you, but they may pay it back to your father. Keep in mind this will almost definately effect your relationship with your mother but you deserve the money your father intended you to have. If your father knew you weren't living with your mother, he should have let the child support people know, then you wouldn't be in this mess.
2007-02-28 08:30:19 · answer #1 · answered by Kevin J 4 · 0⤊ 0⤋
Considering that child support is for the welfare of the CHILD and not the custodial parent you might have a case. I don't know the reasons you left home at 15 however, if you ran away from home and was not emancipated then you may not have a case. If you simply left home of your own accord (ran away) you mother WAS entitled to the support in order to keep a place for you for when you came back home. If your mom had no idea you would be on your own past your age of majority then there would be no way you are entitled to that money since it went to help keep the home running for when you returned. The only thing I can suggest is to go to a lawyer and tell him/her EVERYTHING concerning your leaveing home at 15 and see what the lawyer said. My daughter was living with her father for a time and I was going to pay her father for support however HIS lawyer said that since she was planning on returning to my custody after 6 months I was at least entitled to half of the support since I was keeping the home for her until she returned...instead my ex just paid me the entire support and indeed my daughter returned home after 6 months. So you need to speak to someone.
2007-02-28 08:18:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Hmm I don't get how your dad can still be paying child support if you are 22. Child support is only good up until you turn 18 or unless your still in high school.
So is your dad just giving your mom money? Seems a bit confusing to me. But yes I suggest you talk to your mom about it and if she refuses to help take her to court. But beware by doing that will probably cause conflict between you and your mother.
2007-02-28 08:15:13 · answer #3 · answered by sparkle_babi86 3 · 0⤊ 0⤋
Well, technically I think it would be better if your father took her to court over this. HE is the one paying child support to your mother for you, who is not using the funds for you. That is a misallocation of funds.
Perhaps if he were to take it before a judge he could get a ruling to send child support payments directly to you? I do think something should be done, especially if your mother is receiving funds that are meant to alleviate your personal expenses.
Note to those who are baffled over the 'over 18yo' thing: In some states it is perfectly acceptable for one parent to keep up child support payments into the early 20s so long as the child is enrolled as a full-time college student. My dad payed support for me until I was 23.
2007-02-28 08:21:49 · answer #4 · answered by tngapch 3 · 0⤊ 0⤋
It sounds like a run around to me. Child support is suppose to cease once the child reaches 18. That means he's been paying her for 4 years for no reason. Get an attorney, maybe they can figure out what's going on.
2007-02-28 08:15:42 · answer #5 · answered by kj 7 · 0⤊ 0⤋
child support should have stopped after you turned 18, but if you weren't living in her home and she wasn't supporting you, then she has no right to that money. you should be able to take her to court for that.
2007-02-28 08:13:55 · answer #6 · answered by LoriBeth 6 · 0⤊ 0⤋
i think this woman is the one who gives us all a bad reputation.
she is beneath contempt. and does deserve to be sued for all the money she took when she knew she didn't have it coming.
of course you love her she is your mom..so after the judge finds in your favour smile and tell her you love her .
2007-02-28 08:16:02 · answer #7 · answered by pbear i 5 · 0⤊ 0⤋
Take her to court.
2007-02-28 08:12:37 · answer #8 · answered by Anonymous · 0⤊ 0⤋
DON'T EVEN HAVE SECOND THOUGHTS ABOUT DOING IT!!
DO IT. SHE HAS BEEN CHEATING YOU, AND YOUR FATHER OUT OF RIGHTFULLY YOURS. I am surprised he has not taken her to court before now. She also owes him money.
2007-02-28 08:16:21 · answer #9 · answered by lariat_sonata 3 · 0⤊ 0⤋
the fact is you pay for yourself now why feel guilty because someone's ones wrong doing
2007-02-28 08:15:36 · answer #10 · answered by Anonymous · 0⤊ 0⤋