Step Daughter 18 not living home X wife is still collecting the support money

Status
Not open for further replies.

help_in_NY

New Member
Hello, My husband is paying child support every week for his daughter whom is now 18 years of age working full time and living with her boyfriend from August of this year (2005) until present. She is enrolled in collage and is due to start January 23,2006 but has no plans on returing back to live with her mother. She still wants to live out on her own. In the meantime the X-Wife has been collecting this child support money and using it for what ever. We have asked if her mom has been giving her any of the money and to our dismay the daughter has said no. My husband does not want to upset his daughter and the 25 year old daughter as the X bought a home using the support money as added income to qualify for her mortage and the purchase of a new car. Without this money I dont think she can afford her bills. For this my husband feels that his childeren will turn on him if he stops the x's support. This is not fair to him nor the daughter. There is nobody making out here but her. I feel she is stealing. Can she leagely collect the money when the daughter lives on her own and is working fulltime? Any suggestions to wake him up?????

Help
 
Why doesn't youtr husband petition the courts to stop paying CS? If the child has moved out and not living with mom, he might be able to stop support. If NY still has jurisdiction, he would file there.
 
Pending on the state and its laws



Pending on the state that you live in and the laws they have against child support and how it is given to one person or taken from one person is different then any other state. I know here in Florida that you have a child who is 18 and enrolled in college or still in school, you would have to pay til he or she is 21 years of age. It also depends on what type of order was given for the supprt when him and the Xwife divorced.
 
It also depends on if he is paying for an arrearage (back child support) that he got behind on child support in the past and now has to pay it back. If that's the case then the money does go to the mother to pay the child support he owed in the past.
If it's not an arrearage then he needs to hire a lawyer to get it stopped. He shouldn't have to pay child support to children who aren't living at home. If it causes a problem with the children turning against him then he needs to think about what kind of people they are. A father isn't bound to support a child for the rest of their life just because they might hate him if he stops. I wouldn't want a child who only loved me because I gave them money and would stop loving me because I didn't.
 
Indiana's age of emancipation is 21 regardless. If you want to stop paying CS, you have to file for emancipation. If they are under 21, you have to prove certain things to have support stopped like 18, not living at home, not attending school for 4 months or more, is or is capable to taking care of themselves. We went to one judge in this county and he read the emancipation law different so we file to have change of venue. We got a judge who read the law right.

We just had our stepdaughter emancipated. Boy, was the ex mad!!! She would kick the daughter out until we filed for emancipation. Then she would let her move back in, say blah, blah, blah, she's living with me, lie about going to school.

I would check into your state's emancipation laws. You are going to have to file to stop child support. Last time I checked why should you have to support the ex for the rest of her life. If she can't keep up on her bills, why should that be your problem?

Good Luck,
Gearhart7
 
Status
Not open for further replies.
Back
Top