June 2008

Monthly Archive

How to Modify Child Support when there is a Custody Change

Summary

A few years ago the court decided to just switch the papers to say my mother had and always had full custody. Now my father has been paying for child support to my mother even though I lived with him most of the time. Now I’m in college, and he apparently must continue to pay until I graduate college and live on my own… even if I go to graduate school. Is this legal, and do I have any factor in stopping this irrational child support?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“I am a 19 year old college student. When my parents divorced about 7 years ago I was under joint custody but my permanent address/general guaedianship was to my father. A few years ago the court decided to just switch the papers to say my mother had and always had full custody. Now my father has been paying for child support to my mother even though I lived with him most of the time. Now I’m in college, and he apparently must continue to pay until I graduate college and live on my own… even if I go to graduate school. Is this legal, and do I have any factor in stopping this irrational child support?”

It is not very common for a court to order child support for someone all the way through graduate school. In addition, child support - particularly support paid for an adult child while in school - is intended to be for the ‘child’, not one of the parents.

Unfortunately, the laws about who has what is known as “standing” - i.e. the legal right to take something before the court - are complicated, and so you may or may not have standing to go into court on your own to address this. However, you certainly would be able to go with your father to court, and he definately does have standing.

You and your father should together go to consult with a family law attorney who can help you sort this out and, if possible, get the order for child support modified.

Request a confidential divorce or family law case evaluation with an attorney in your area right now! Don’t delay! Time wasted can have a serious impact on the outcome of a family law case!

Get notified whenever ANY new article is posted to DearEsq!:
*We NEVER share your email address with anybody!


A house attorney has answered this question. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.

 

My Ex Used Money Donated to our Son While he had Cancer, How can I get Back the Money Owed to my Child?

Summary

As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

“As a child, my son had cancer and was given money by city police officers, (called a “10-13″) totaling 13,000 in case our medical coverage became exhausted. My ex husband and I have been divorced about 4 years now and he says he doesn’t have the money because he spent it on all the furniture that we owned at that time. I was never apprised that everything he bought for the apartment was from my son’s money. When he left us, he took the money from our then bank account. What can I do to get back what is owed to my son? My son is now 21 years old.”

You will need to contact a local attorney who specializes in family law in your area, and possibly a tax attorney as well, as this is such a specialized, fact-specific situation. Depending on the laws in your state, you may have a case, or your son may have a case, or there may be no case at all. Contact someone soon, as you may also be facing a statute of limitations, which would mean at some point - if there is a case - it will expire.

Request a confidential divorce or family law case evaluation with an attorney in your area right now! Don’t delay! Time wasted can have a serious impact on the outcome of a family law case!

Get notified whenever ANY new article is posted to DearEsq!:
*We NEVER share your email address with anybody!


A house attorney has answered this question. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.