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My dad needs help and I need advice on how to help?
My mom is taking advantage of my father in a very unfair way. She has been getting child support from him for as long as I can remember. I finally turned 21 the other month and that was the age when he was supposed to stop paying child support for me. But my mom took him back to court and not only had the court extend how long he has to pay child support (23 years old now), but they even increased how much he has to pay not only for myself but also for my brother. I am currently living on my own across the countey and I hardly ever see any of this child support money anyway, so I know my mom is keeping it all. So I wanted advice on how I could help my dad out either through emancipation from mom so she doesn t receive the money any more or from my father so he isn t required to pay. I m not sure what else to do. I can t talk to my mom because she is so self absorbed and hell bent on hurting my father in anyway she can. I just want to be able to help.
11 Answers
- RosalieLv 75 years ago
If mom is still able to get checks, there is a good reason.
The checks ARE for mom, not you, because she paid all the bills for the house and for your clothing, food, medical stuff, school supplies, and sports or lesson fees.
When expenses add up and the other parent hasn't paid everything for which the judge said they were responsible, or if Dad didn't pay it all when it was due, it's very possible he owes more still - not all of the things he is paying for are from now. They could have been leftover from years ago.
The checks from Dad are never for you. They are for mom, because she paid for you. Don't think of this as Mom trying to drain your Dad - most of the time,the problem is that moms pay everything and make sure their kids have whatever they need. and Dads try not to pay their share of it. And then Dads tell the kids how awful the mom is being about it.
She isn't stealing from him, and don't let him say that to you. The money is/was for whatever you needed just on an ordinary day, and she has been paying his share of it. She's just trying to get it back. DON'"T get in the middle of it. If Dad was any kind of decent parent, he wouldn't be discussing it with you.
- Gary BLv 75 years ago
Are you still in college? if you are not in college AND not living with your mother, then you are ALREADY EMANCIPATED. There is nothing more you need to do there.
[BTW: Child Support is to pay the PARENT for part of the costs (food, shelter, clothing, school, etc) of raising a child, and NOT for the child to spend as he or she wishes.. The money is for THE PARENT, and NOT for the child. Your Mom SHOULD keep it all. The court gave it to HER, not you. YOU SHOULD NOT see any Child Support money!!! unless you Dad just wants to write you a check for Christmas or your B-Day. THAT is called GIFT, and IS NOT ordered by the court]
But HERE is the REAL problem:
YOU are not a participant in the lawsuit!!! YOU can do NOTHING legally! The money is for YOUR MOTHER , not you, and YOU cannot make any claim on it. The divorce and child support arrangements are between YOUR MOTHER AND YOUR FATHER. YOU are not a participant in the lawsuit.
But your DAD has the option of re-opening the case, and he can use YOU as a witness. He SHOULD haev done that when you turned 18 (or 23 IF you are still in college).
But we DON'T know this: Did Dad ever MISS making a payment, maybe missed LOTS of payments? if so, the court can order him to make BACK PAYMENTS for as many years as it take to make up the payments he missed.
[if this is what is going on, your mother is NOT trying to hurt or punish your Dad, but IS making him pay the full amount of money that her OWES HER.]
And I suspect that THIS is what is going on. You brother is older and is more expensive to take care of, so Dad is now paying BACK payments for you, REGULAR payment for your brother, and an INCREASE which is due because your brother is older.
YOU NEED TO TALK TO DAD, and find out ALL of the particulars. My guess is that you are probably pretty well out of the picture altogether. But if your Dad made ALL of his payments while you were at home and has no back payments to make up, then HE can re-open the case and ask for a reduction. If he does, then YOU can volunteer as a witness that you are NOT living with Mother, you are NOT in college, you are past your 23rd b-day, and you are now completely and legally emancipated.
Good Luck.
- babyboomer1001Lv 75 years ago
If enough time has past that your father can file for another modification, he should do that. All he has to do is claim that you are now living on your own and independently supporting yourself and that is reason enough that the child support for you should be cut off. You can either show up in court to testify for him or you can provide an Affidavit to him to submit to the court as evidence. Usually, two years has to elapse before another modification can be filed but the time varies so, he should see a lawyer about when he can next file a modification and he should do that anyway to make sure it is done right and that the child support for you IS dropped.
Source(s): Certified Paralegal, with 25+ years' experience. - TiLv 75 years ago
You are over 18, and you are already emancipated from both your parents.
I bet the reason your father is still required to pay child support is because your lazy butt is still in school and you are unable or unwilling to get a job and support yourself.
" I hardly ever see any of this child support money", really? Child support is NEVER owed to the child, it is owed to the custodial parents for your support.
By the way, who pays for your education? Who sends you spending money?
You need to quit listening to your father's sob story, and then stay out of your parents' business.
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- linkus86Lv 75 years ago
Its obvious your don't live in the USA because child support ends at 18, so you will need to identify what country you are in that requires child support beyond age 18. I wonder if you are confusing alimony with child support.
- Patrick BLv 75 years ago
It is doubtful that you actually know the details regarding the child support payments your mom receives.
Unless you are still in school (and younger than 23) there is no way for you mom to get child support payment for you.
- Anonymous5 years ago
It is quite possible that your father is in arrears and owes from earlier years. You really have no say so in the matter. Your father should be able to speak to the judge himself and work out a payment plan.
- coraannLv 75 years ago
You are not entitled to any of the support. It is meant to help your mother
put food on the table and a roof over your head.
- LizLv 75 years ago
If there is a court order ordering your father to keep paying child support, there is nothing you can do to override that.
- StephenWeinsteinLv 75 years ago
You can help by doing nothing.
Your interference is not going to help him, and is likely to hurt him.