my question is dealing with divorce. my BF's ex-wife is collecting child support, which would be find if the

Question

kids lived at home, but two of three don't. and the ex-wife nor the kids will tell the child support enforcement or courts to get them off child support. both kids work and live outside of their mother's home for years. yes they have moved back once or twice but never stayed for longer than a few months.

My question is, it is illegal for her collect child support in a situation like this? to me it would be fraud. and if it is, how do i turn her in. we cannot afford a lawyer or PI to get proof but the kids tax records should show they worked and where they lived.

I would rather the kids get emanciapted, but their mother tells them they can't and there is no such thing as emanciaption. I know that is a lie I was emanciaped at 16. and in their state there in no age requirement.

Please only answers from lawyers or people that have gone through the same thing, BS answers will be flagged, thank you


The state in question is Co

Answer 1

A lot of it depends on what your court order states.

I know a man that paid child support on two children and both were not living at home. They lied about being emancipated to child support enforcement about this so he had to pay until they both were 18 years old.

My suggestion would be to get the kids on the phone and record them saying:
1. they do not live at home with their mother.
2. how long they have not lived at home.

You could get family members and friends who are witnesses that the kids don't live at home to write statements and have them notarized.

child support is such BS. In my opinion it causes kids to be liars and their mother to be still married to their ex.

REMEMBER KEEP GOOD RECORDS OF EVERY THING BOUGHT OR PAID FOR AND ALL CHILD SUPPORT PAYMENTS.

Answer 2

Your friend needs a good lawyer and a good private investigator. These times when the kids are out of the home, how long to they stay gone? Where do they go? If two kids work and live outside the home, it should be easy enough to find out where and then file a motion. Your friend needs to take action; don't wait for CSE to do anything (I know I used to be in CSE for KS).

As far as emancipation goes, that would be up to the kid. He or she would have to file a petition with the court to do that.

Is it legal for her to collect child support in this situation? Yes it is until the court changes the order. The longer your friend lets her get away with it, the longer it will take to stop.

Answer 3

I dont understand how children under the age of 18 are living and working outside of the home. Someone has to be supporting them. If this is the case then there are serious laws being broken and those should be your concern.

The point of child support is to pay the parent whom supports the children the majority of the time.

That being said, you can always call the child support office to report suspected fraud. It is anonymous and they will look into it. The poster who said to call the IRS is off-base. The IRS doesn't care, you don't report cs as income. The IRS will only care if she is claiming the children as deductions when they are not.

Answer 4

In the first instance (when child support payments were first set by the courts), several items were taken into account. These included:
- - The financial resources of the child;
- - The financial resources of the custodial parent;
- - The standard of living the child would have enjoyed had the marriage not been dissolved;
- - The physical and emotional condition of the child and his or her educational needs; and
- - The financial resources and needs of the noncustodial parent.

Once the situation has changed, it is permissible to have the court-ordered payment reviewed ... by either the custodial parent or the non-custodial parent. Possible situation changes include:
- - either by the children reaching the age of 18 and no longer being in school, or by reaching the age of 22 and still being enrolled in post-secondary education
- - significant changes in gross income for either parent (usually by having the income be reduced, not by having it increased)
- - changes in the health of the children (usually something like an injury that will effectively keep the child from living a normal life)

Relevant excerpts from Michigan Law (Title 14-10-115 dealing with child support) are included below.

Regarding your emancipation question:
For child support orders entered on or after July 1, 1997, unless a court finds that a child is otherwise emancipated, emancipation occurs and child support terminates without either party filing a motion when the last or only child attains nineteen years of age unless one or more of the following conditions exist:
- - The parties agree otherwise in a written stipulation after July 1, 1997;
- - If the child is mentally or physically disabled, the court or the delegate child support enforcement unit may order child support, including payments for medical expenses or insurance or both, to continue beyond the age of nineteen;
- - If the child is still in high school or an equivalent program, support continues until the end of the month following graduation. A child who ceases to attend high school prior to graduation and later reenrolls is entitled to support upon reenrollment and until the end of the month following graduation, but not beyond age twenty-one.
- - If the child marries, the child shall be considered emancipated as of the date of the marriage. If the marriage is annulled, dissolved, or declared invalid, child support may be reinstated.
- - If the child enters into active military duty, the child shall be considered emancipated.

Annual exchange of information:
- - When a child support order is entered or modified, the parties may agree or the court may require the parties to exchange financial information, including verification of insurance and its costs, and other appropriate information once a year or less often, by regular mail, for the purpose of updating and modifying the order without a court hearing.
- - The parties shall use the approved standardized child support forms specified in exchanging financial information. The forms shall be included with any agreed modification or an agreement that a modification is not appropriate at the time. If the agreed amount departs from the guidelines and schedule of basic child support obligations, the parties shall furnish statements of explanation that shall be included with the forms and shall be filed with the court.
- - The court shall review the agreement pursuant to this paragraph and inform the parties by regular mail whether or not additional or corrected information is needed, or that the modification is granted, or that the modification is denied. If the parties cannot agree, no modification pursuant to this paragraph shall be entered; however, either party may move for or the court may schedule, upon its own motion, a modification hearing.

Upon request of the noncustodial parent, the court may order the custodial parent to submit an annual update of financial information using the approved standardized child support forms, including information on the actual expenses relating to the children of the marriage for whom support has been ordered. The court shall not order the custodial parent to update the financial information pursuant to this paragraph in circumstances where the noncustodial parent has failed to exercise parenting time rights or when child support payments are in arrears or where there is documented evidence of domestic violence, child abuse, or a violation of a protection order on the part of the noncustodial parent. The court may order the noncustodial parent to pay the costs involved in preparing an update to the financial information. If the noncustodial parent claims, based upon the information in the updated form, that the custodial parent is not spending the child support for the benefit of the children, the court may refer the parties to a mediator to resolve the differences. If there are costs for such mediation, the court shall order that the party requesting the mediation pay such costs.

Answer 5

Child support is only beween the childs biological mother and father, no matter whether they are single or reamaried and their new spouses income does not figure into the equation whatsoever. Not unless you want to get technicalin that the support money will come from the family account. So she can say all she wants, it just isnt going to happen and she will find that out too in court if she makes it there. Nothing to worry about here

Answer 6

been through it as one of the children, the child support may have an unpaid balance.
Moving back and forth sets up the state to just set a specific end amount and leave it at that.
If you try to look at it from a third person perspective, -"Your ex-husbands girlfriend, wants to get the child support stopped by getting the kids declared legally responsible for themselves (emancipated)" how would you react to that?
and how would you veiw that as one of the kids?

Answer 7

If you feel you/he is paying too much, take her back to court and renegotiate. When they gave my ex full custody, they awarded her $638 a month. When I was given full custody a year later, she was ordered to pay $100 a month -- we were making the same amount, I'd been at my job 11 years, she'd been at hers for less than 3. She paid a little over 1 year's worth and has never paid since... Why bother taking her back to court, our son know's who feeds, clothes, loves and takes care of him.

Answer 8

take the kids to court, she doesn't have to know what there doing, they don't live with her right, so tell the dad to make a court date a the local child support and to find out the information he can because he is the DAD

Answer 9

In general, if the kids are over 18, and not enrolled full time in college, they are no longer eligible for support. If they are under 18, or under 22 and still enrolled in college, they ARE eligible for support. Their income or their mom's income are generally not a factor in this.

Answer 10

well she needs to be turned in cause its not for her its for the kids and its wrong. WHAT COMES AROUND GOES AROUND... CALL THE IRS....