Support for child not living in home?

[ragirrab]

What is the name of your state? California

My husband and his ex-wife were divorced in the State of California. She subsequently moved with the kids to Oregon. We have paid support regularly for the last 10 years. This week we found out that my husband's daughter has moved out of the home, has no intention of returning, and will be petitioning for emancipation. She is 17 years old and has her G.E.D. She does not want to move in with us. She has not, and will not, be reported as a runaway by her mother (per her stepfather). Are we obligated to continue to pay the full child support even though she is not living in the home? Do we need to pay until she is formally emancipated? Thank you.

 

[ktarra617]

you should consult with an attorney to file a petition yourself to have the child emancipated. Might be faster than waiting for your stepdaughte to file for it.

You can bet mom isn't going to do it because she wants that money so your best bet is to talk to an attorney and start the process to have the child emancipated yourselves..

good luck.

 

[ragirrab]

Thanks for the input! We'll look into it, although I'm wondering about how easy this will be to accomplish being so far away (nine hours by car). I'll have my husband run it by our attorney.

 

[VeeGee]

My son moved out of my home when he was 17 for a while...and his CP from his dad went to him. I made sure it did...I don't know if that is the legal way the courts do it, but my child's welfare was more important to me than the money.

 

[ragirrab]

We are not dealing with a mother like you who has their child's best interest at heart. We need to clarify legally, whether we still have to pay child support to a "custodial" parent who is not supporting the child in any way. After that, we will help his daughter on our own.

 

[VeeGee]

If I'm not mistaken....I think in most states you do not have to keep sending the CP to the mother if the child doesn't live there...but you are doing the right thing by finding this out legally. Read my post about parents who use their children against each other and I wish you luck.

 

[stealth2]

As long as you have a court order stating you are to pay support, you HAVE TO PAY SUPPORT. You can't just decide that the kid's 18, so you can stop paying. That'll find you in a world of hurt.

 

[VeeGee]

As long as you have a court order stating you are to pay support, you HAVE TO PAY SUPPORT. You can't just decide that the kid's 18, so you can stop paying. That'll find you in a world of hurt.

momma_tiger
I understand what your saying and your right. Some court orders will state when CS stops, whether it be when child reaches 18 or emancipation. But I think what "ragirrab" wants to know is...if the child moves out for good...does the father still have to send the CS to the mother even though the child isn't living there anymore? Shouldn't the CS then go to the child when she moves out?

 

[stealth2]

But I think what "ragirrab" wants to know is...if the child moves out for good...does the father still have to send the CS to the mother even though the child isn't living there anymore? Shouldn't the CS then go to the child when she moves out?

Unless the order says that it's sent to the kid instead under those circumstances - the NCP MUST sent the CS to the CP until a court order tells him/her to do otherwise. S/he cannot simply decide to send it to the kid instead.

 

[lott517]

You should keep paying until the judge orders you to stop. I moved out of my mother's house at 17 and chose not to move in with my dad. My parents agreed that the CS would be cut in half since I was no longer in the household. After a few years my mom took my dad to court to increase CS for my brother and in the process told the courts that she was only recving half of the ordered amount because I wasn't living there, the judge raised the CS and ordered my dad to pay back support from the time I moved out and he began paying half. Note: My mom acted like a victim during the whole situation and once back support was ordered I never recvd any of it, I chose to be an adult, have a baby and move in with the father & his parents. My dad certaintly learned his lesson for trying to by pass the courts, it could come back to haunt you.

 

[ragirrab]

We are not deciding "not to pay" because the "kid's 18" as someone said, nor are we going to make any decisions on our own without going through a judge. I was just putting the question out there to see if anyone else had ever had a similiar situation. Believe me, we have had enough problems over the last 10 years to completely cover our bases in every way. Thanks for all the input.

 

[evileyes]

what does the divorce papers say. my friends divorce papers said 18 yrs old OR when they graduated high school and IF they didn't go on to college. otherwise support continued until they finished college. i would check into the fact she has her g.e.d. then help her out the way you want to help her out.

 

[Thumbelina58]

most support orders......

state you are obligated to pay support until the child "marries, reaches the age of 18, joins the military, ceases to live with the wife, or emancipates, whichever comes first". Look closely at YOUR order....it should be self-explanatory after that. My husbands daughter lived with another family for 2 years as we continued to pay support.... when we found out, the support checks STOPPED to the EX and instead were sent directly to the daughter. Shortly after this, the EX made the daughter return to her home, against the daughters wishes, as well as her BEST INTEREST, because the EX wanted the support checks (ex refuses to work, so does her new hubby) Support was ONCE again re-instateed to the EX..... Check into it!! The situation SUX, and hate to seee you screwed like we were!!

 

[Grace_Adler]

All that's true.

You should look at your order and also at the following sites:
www.childsupportguidelines.com
http://osce3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

After reviewing these things, it may be possible (depending on what the law says) to petition the court to modify support and have it terminated.