My mother and father have been divorced for over 18 years, i haven't talked to him in 5 years. My mother recently passed away from cancer, in the divorce decree it stated he had to pay child support for as long as I was in school. Now that my mother passed he has stopped sending checks. I am 19 years old and live in MA. Is there any hope for my twin brother and I getting finicial support from my father?
2007-12-27 05:20:35 · 10 answers · asked by Chris 2 in Family & Relationships ➔ Family
He still owes the child support obligation as long as you are in an accredited FULL time school. He can't stop paying simply because your mother passed away. Try to talk to him about it. If you can't get anywhere with giving him the opportunity to take care of it then file on him for non payment. Since you are over 18 he will now have to pay it directly for you. The child support was for you but paid to your mother because she was raising you. Now that she is gone it is still owed to you.
Most people mistakenly think that when a child turns 18 they no longer have to pay support. They are wrong. Most child support orders have provisions in them for adult children who are still in school. However depending on the wording it could just be for someone who is still in high school. Read it carefully and see exactly what it says. You may need to consult a lawyer if you're unsure. Most give a free initial consultation. Your father might be mistaken or he could just be counting on you not filing on him.
Make him honor his obligation. Best of luck!
2007-12-27 14:57:47 · answer #1 · answered by MISS H 5 · 0⤊ 0⤋
Are you and your twin in school?
If you are both still in school, probably even part-time college classes, your father is obligated by the divorce decree to pay the child support. Your mother's passing away does not change that.
What it does change, and your father probably is counting on this, is that your mother is not there to call her lawyer or file a complaint with the court. You will have to pick up that ball and run with it.
Call the superior court in your town, or the nearest town to yours and talk to the clerk. Explain this to them and they will put you in touch with the right people who will tell you exactly what to do and how to do it.
However, if you and your brother are no longer in school, your father is off the hook. If one of you is in school he is obligated to pay half the child support.
2007-12-27 05:32:26 · answer #2 · answered by nevit 4 · 1⤊ 0⤋
if you are not in school you might want to think about a job he want be forced to support you at that age as far as the other kids if they are minors and under age yes if you know where the payment are being sent from get mom death certificate social security number your id and kids and see if a hearing can be re set and if dad don't want the kids to live with him he will be ordered to pay to whom ever is raising the kids
2007-12-27 05:33:21 · answer #3 · answered by ? 6 · 0⤊ 0⤋
Your best solution would be to consult a lawyer. You are entitled to an explanation and a thorough investigation into your father's will. Give your lawyer every last detail including the fact that you know about his previous life insurance. Search for any documents or information on your father and give them to the lawyer.
2016-05-27 03:24:32 · answer #4 · answered by ? 3 · 0⤊ 0⤋
If you are in collage - he still has to pay. That is the law. Double check with the court. If he dosen't comply - he can be arrested
2007-12-27 05:33:02 · answer #5 · answered by Bloom 4 · 0⤊ 0⤋
not sure of the laws in your state, in Pa, I'm pretty sure school means high school once they have graduated from 12th grade the child support ends.
2007-12-27 05:25:58 · answer #6 · answered by been there 3 · 0⤊ 0⤋
sorry to hear about your loss....my deepest sympathy
but as for your father he is obligated to pay until you are 18 OR while you are still in school
2007-12-27 05:37:08 · answer #7 · answered by Sharon F 6 · 0⤊ 0⤋
Yes hun till your 18. I am very sorry for your loss
2007-12-27 05:25:14 · answer #8 · answered by conny 6 · 0⤊ 0⤋
Check with an attorney, if it was in the divorce agreement then it is possible.
2007-12-27 05:43:54 · answer #9 · answered by MotherB 4 · 1⤊ 0⤋
Eighteen is the end of it kid. No more support.
Sorry 'bout your Mom. May she RIP.
2007-12-27 05:24:23 · answer #10 · answered by Quasimodo 7 · 1⤊ 0⤋