I am the non custodial parent and i pay alot of money in child support. My ex mis-manages the money and my kids still seem to be in need so i end up giving them money anyway. If my child is over 18 yrs old can I and how would i go about getting payments put into her name rather than her mothers?Non custodial parent and child support. Can checks be put in my childs name?
If your child is over 18, married, with a child, she should be considered emancipated. You can file to stop child support. Any court should approve that request since she would be considered on her own.
If the money you are paying is arrears because you were behind in paying support, you won't be able to stop paying the mother until you have paid all that you owe her. The money would be going to reimburse mother for the money she should have been getting when you weren't paying.Non custodial parent and child support. Can checks be put in my childs name?
Try to obtain proof that your ex is mismanaging the money. And also keep track of the extra money you give your kids anyway by keeping all receipts and even making your ex or your kids sign off on a home made receipt. You can then take your ex to court. Unfortunately you will still be paying money to her, but you can get the amount of money lowered if you prove that you are paying extra and that will limit the amount of money your ex gets.
Edit: The only way that you should still be paying child support is if your child is going to college. If she isn't you can definately take your ex to court and have her pay back all of the excess child support you owed her. However, if you are currently paying back child support forget it, all of that money will have to go to your ex regardless of how she spends it because she spent time supporting your child without support from you.
Child support is paid to the custodial parent unless otherwise specified by the court order. This is the case even if the child is over 18 and still getting support.
This is because there are expenses the custodial parent pays that are not directly attributed to the child such as utilities, food and housing.
You can send your child additional money if you want, however it does not offset your child support obligation.
No. Child support is not money to be spent exclusively on the child(ren), but is for the custodial parent to help them (financially) raise the child(ren). They (custodial parent) can spend the money on many things that only indirectly affects the child(ren), such as car payments and gas, mortgage/rent, electric/heat, and so on.
But, if you think she is wasting the money on other items, and not doing a good job of raising the child, try to get custody yourself. Talk to a lawyer about what your chances would be if you want to pursue this.
*EDIT* - If she is married, she should be considered emancipated, and her mother no longer supporting her (that is the job of her husband now). Talk to a lawyer about getting support dropped.
*EDIT2* - Another thing I thought about: Is any of this payment for arrears? If so, you do need to keep paying that until the arrears are paid off.
Go to court. If the child is over 18, he/she is old enough to decide where to live. If the custodial parent really is mismanaged the money, the child may be willing to move from that home into yours. At 18, the child should be close to high school graduation --and depending on the laws of the state -- child support payments would no longer be required. The court determines where a young child will live and sets the amount of child support payments. As long as the court has ordered the payment, it is paid to whom the court has ordered. But gy going to the judge with real evidence, you may be able to get come changes.
It sounds like someone is screwing you over big time here. If your child is 18 years old and married, then she can no longer be claimed as a dependent on your or your ex-wife's tax return. Technically going by IRS standards, she is not longer your dependent - so you should no longer have an obligation to support her.
I would get a lawyer on this case and fight it because you should not be paying child support anymore.
nope the money must go to the mother to support the kiddos
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment