I'm 17 yrs. old. My mother's recently kicked me out of her home. We've always had our differences since I was a young child. My father pays quite a hefty amount for child support every two weeks. My mother refuses to give me any of this money at all and says by the time the courts would finish with this matter I would be 18 and wouldn't get any money anyways. In my custody agreement it states my father is to pay child support until I turn 18 unless I'm still enrolled in school. The school year starts on September 7th and my 18th birthday is September 12th. My father has no problem paying child support. My mother just refuses to give me the money so I can pay for the things I need while living with my aunt. My aunt has 4 children of her own and taking on another person in her home is obviously expensive. I'm also pregnant and not currently employed. I'm not trying to just take all the money from my child support and blow it. I have very real things to take care of right now. While I don't have to pay rent, food and other needed items are quite expensive. I have no other income. Can my mother really withold all of my child support if she's not even supporting me? I'm in serious need of advice here. If she kicks me out do they just stop child support all together? How does all of this work? Thank you for reading.
-Chels
2007-07-13 11:30:01 · 14 answers · asked by Anonymous in Pregnancy & Parenting ➔ Parenting
Does your dad know that you're not living with her anymore? If he pays her directly, then he should start paying your aunt, since she's the one now 'supporting' you. If he has his paychecks garnished, you need to contact the court that ordered the garnishment and tell them that your custody has changed. I don't know if they can or will do anything about it, but it's worth a try. Your dad should have a copy of the divorce/child support agreement, and the Writ to Withhold Child Support, if applicable.
2007-07-13 11:34:20 · answer #1 · answered by fuffernut 5 · 3⤊ 0⤋
Your mother has no right to receive child support if she is no longer taking care of you. And she's wrong, if you let your Dad know what she is doing then he'll make sure the courts put a quick stop to him having to pay her child support. They might even make her pay back what she has received so far. In reality the courts would probably award the child support to your Aunt. I hope this gets worked out, good luck with the baby and please, STAY IN SCHOOL, GO TO COLLEGE! If you go to college then child support has to be paid until you are 21, but don't go for that reason, go so you and your baby can have a good life.
2007-07-13 12:54:15 · answer #2 · answered by nimo22 6 · 0⤊ 0⤋
If your aunt becomes your legal guardian, she'll receive the child support money.
Child support is never paid to the child - rather, it is paid to the legal guardian.
Let the court know immediately that your mother is no longer taking care of you. Also let your dad know so that he can file a claim as well.
Your mom is right - you may be 18 before this is resolved, but she will still have to pay the money back and could even face criminal charges for accepting money for a child she's not taking care of.
2007-07-13 11:41:03 · answer #3 · answered by Anonymous · 3⤊ 0⤋
If your mother kicked you out, then she can't keep the money unless she is still supporting you in some way. I would take her to court b/c if she is not paying anything for you, then even if your over 18 and no longer in school you can sue your mom for back pay for child support every penny that you have not recieved will have to be paid back, I'm 22 years old and they are still going after my mom for back pay for child support b/c they couldn't find her until this year and she owes my father $25,000 for child support. It doesn't stop whenever your 18 and out of school, if your parent didn't not pay for a certain amount of time you can still take them to court for the amount not recieved before
2007-07-13 12:54:55 · answer #4 · answered by renata 3 · 0⤊ 0⤋
What I would suggest is that your father contact the courts immediately. In the mean time, have him make payments with a track record, such as money order. This way he can prove he made the payments. Since the support is for you, and you are not living with your mother, the support should go to the person who you are living with (your aunt, in this case).
Because there is such a short time left, make sure that he contacts the court IMMEDIATELY and again, in the mean time, makes the payments in a method that can be tracked (money orders are better than personal checks for this reason). Be sure he writes that it is for the support of you in the memo line.
I would get a notarized statement saying what date you left your mother's home (and noting that she kicked you out) and that since that time you have been living with your aunt. Also note that your father has been paying support to your mother per court order, but she refuses to give it to you or your caregiver to pay for your needs.
2007-07-13 11:41:14 · answer #5 · answered by StayAtHomeMomOnTheGo 7 · 1⤊ 0⤋
I think you should talk to your dad. Maybe even the Child Protective Services (CPS). You could probably contact a legal aid and as questions. Some attorneys will give you a free consultation at least you would have a little legal advice under your belt. If you are not living there I believe that she should not be getting any support from your dad. Have you talked to your aunt about this and what does she think? Your mom could have you legally emancipated and that would stop her from getting any more support.
2007-07-13 11:41:57 · answer #6 · answered by Miss Behavin 6 · 1⤊ 0⤋
Your aunt and you needed to report this to the child support agency probably at your local welfare office or wherever it is in your county. She's doing something illegal and defrauding your father. If you're on your own, acting as an adult, you shouldn't get the money either probably. But definitely your mother should be reported. They can take away her driver's license and make her miserable before WAY before September 12 of this year if you do it now.
2007-07-13 11:36:37 · answer #7 · answered by all_stardusty 4 · 1⤊ 0⤋
Your mother is wrong. That money is child support. You are the child in question so the money goes to you. If you were at home and she used it for food and rent that would be different but she kicked you out and is keeping the money for herself and that is wrong and illegal. Talk to your dad about just giving you the money and not giving it to her. Maybe you need to go to legal aid and see if there's something they can do for you.
2007-07-13 14:52:12 · answer #8 · answered by Brandy 3 · 0⤊ 0⤋
have your father go to court and change the payee of the support payments to your AUNT rather then your mother... then they will not go to her at all... This can be done if all 3 of you petition the court---I'd suggest maybe all 3 of you go to a lawyer TOGETHER to see if you actually CAN do this but I believe it CAN be done since you are now living with the aunt and the mother kicked you out.... TALK TO YOUR AUNT WITH YOUR DAD and then all 3 go see your dad's lawyer...
2007-07-13 11:41:35 · answer #9 · answered by LittleBarb 7 · 2⤊ 0⤋
Talk to your father. Consider living with him instead of your aunt. He should contact his lawyer about the child support. If you are not living with your mother she should not be receiving any support for you.
2007-07-13 11:59:27 · answer #10 · answered by Barbiq 6 · 0⤊ 0⤋