WORLD Law Direct Forums
Home > WORLD Law Direct Forums > FAMILY LAW, DIVORCE, CUSTODY > Child Custody & Support > Is this right? Mom is still getting child support even though I dont live with her

Is this right? Mom is still getting child support even though I dont live with her

This is a discussion on Is this right? Mom is still getting child support even though I dont live with her within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; i was wondering , i moved out a year ago im only 16 and my mom is still getting child ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jun 15th, 2012, 09:06 AM   #1
Junior Member
Country:  
Nevaehkay's Flag is: United States
 

Nevaehkay's Avatar
 
Join Date: Jun 2012
Posts: 5

Unhappy Is this right? Mom is still getting child support even though I dont live with her

i was wondering , i moved out a year ago im only 16 and my mom is still getting child support even though i dont live with her and she dont take care of me, is there something i or my dad can do to change that. i dont live with either one of my parents, they both have custey of me.
Nevaehkay is offline   Reply With Quote
Sponsored Links
International Law Issues?
Old Jun 15th, 2012, 09:07 AM   #2
Junior Member
Country:  
Nevaehkay's Flag is: United States
 

Nevaehkay's Avatar
 
Join Date: Jun 2012
Posts: 5

Default re: Is this right? Mom is still getting child support even though I dont live with her

i live in kansas and he lives in missouri
Nevaehkay is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jun 15th, 2012, 09:30 AM   #3
Top Level Member
 
AFFA's Avatar
 
Join Date: Dec 2009
Posts: 17,623

Default re: Is this right? Mom is still getting child support even though I dont live with her

I wish to inform you that the age of 16 in Kansas you may petition the court to decree that the petitioner be empowered to exercise the rights of majority that are covered by statute (38-108). You must be a resident of your county for one year. You will have to give the reason for seeking emancipation and in open court the minor seeking emancipation must be able to prove sound mind and an ability to conduct the minor's own affairs. If you are granted emancipation, your father need not pay any further child support to your mother.

AFF
AFFA is offline   Reply With Quote

0 out of 1 members found this post helpful. Did you find this post helpful? Yes | No
Old Jun 15th, 2012, 09:49 AM   #4
Veteran Member
Country:  
StorageGuy's Flag is: United States
 
StorageGuy's Avatar
 
Join Date: Mar 2012
Location: California
Posts: 158

Default re: Is this right? Mom is still getting child support even though I dont live with her

Quote:
Originally Posted by AFFA View Post
I wish to inform you that the age of 16 in Kansas you may petition the court to decree that the petitioner be empowered to exercise the rights of majority that are covered by statute (38-108). You must be a resident of your county for one year. You will have to give the reason for seeking emancipation and in open court the minor seeking emancipation must be able to prove sound mind and an ability to conduct the minor's own affairs. If you are granted emancipation, your father need not pay any further child support to your mother.

AFF
AFFA, this child does not have the capacity to become emancipated, c'mon...

This in not your problem. Your father can pursue legal remedies if he does not want to continue to pay your mother child support. It is appalling that you don't live with either one of them, especially since they have joint custody. The reality is that you should stay in school until you graduate and then reach 18 years of age. It sounds as though your father simply does not want to pay child support anymore and he is appealing too you to do something. I apologize for the lack of direction and support that your worthless parents are providing you. You sound like a good kid. You should be enjoying your life rather than spending your time discovering ways for your parents to continue their dysfunction.

Anyway, you could do what AFFA said above, however, it is unlikely that the court will emancipate you at sixteen years of age as it is based more on means and maturity rather than simply age. I would go to your father and tell him that he needs to "strap on a pair" and do his own fighting with your mother. As for you young man, hang in there.
StorageGuy is offline   Reply With Quote

2 out of 2 members found this post helpful. Did you find this post helpful? Yes | No
Old Jun 15th, 2012, 10:51 AM   #5
Top Level Member
Country:  
sunlover's Flag is: United States
 

sunlover's Avatar
 
Join Date: Dec 2008
Location: USA
Posts: 2,114

Default Re: Is this right? Mom is still getting child support even though I dont live with he

My question is if Dad is aware of this why has he not gone to court to have order modified? Is it possible he not making support payments but pay arrears? If not Dad needs to go to court and request support payments either stop or that payee be changed. If payee is changed its possible Mom could be asked for to pay support as well
sunlover is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jun 15th, 2012, 11:09 AM   #6
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 12,723

Default Re: Is this right? Mom is still getting child support even though I dont live with he

Quote:
Originally Posted by Nevaehkay View Post
i live in kansas and he lives in missouri

What your dad needs to do is petition the court to modify the decree so you can live with him. Being out on your own is no way to help yourself and can damage any future you intend to have, so you need to be living with a supportive parent in every sense of the word.

At the age of 16 you cannot initiate these legal proceedings yourself for you are not yet an adult, of legal age. However, at your age the court will take your wishes into consideration about with whom you wish to live, so if your dad insitutes a petition to modify the decree, change residency to living with him, it would be favored.

He would have to apply to the court that made the initial decree to get the ball rolling.
Friend In Court is offline   Reply With Quote

1 out of 1 members found this post helpful. Did you find this post helpful? Yes | No
Old Jun 15th, 2012, 08:12 PM   #7
Moderator
Country:  
sandyclaus's Flag is: United States
 
sandyclaus's Avatar
 
Join Date: Jun 2009
Location: The North Pole, silly ;)
Posts: 6,359

Default Re: Is this right? Mom is still getting child support even though I dont live with he

Quote:
Originally Posted by Nevaehkay View Post
i was wondering , i moved out a year ago im only 16 and my mom is still getting child support even though i dont live with her and she dont take care of me, is there something i or my dad can do to change that. i dont live with either one of my parents, they both have custey of me.
Quote:
Originally Posted by Nevaehkay View Post
i live in kansas and he lives in missouri
IMHO, if you are not receiving the benefit of the child support, it's really not your issue. It is solely an issue between the involved parties - mom (who is still receiving the support) and dad (who is still paying it).

I'm curious - if they BOTH have CUSTODY of you, then why is it that you are living elsewhere? Is your mother contributing financially to your current housing and living arrangements?
__________________
"If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
"You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."
sandyclaus is offline   Reply With Quote

1 out of 1 members found this post helpful. Did you find this post helpful? Yes | No
Old Jun 16th, 2012, 10:06 AM   #8
Top Level Member
Country:  
Friend In Court's Flag is: United States
 
Friend In Court's Avatar
 
Join Date: Apr 2011
Location: Florida
Posts: 12,723

Default Re: Is this right? Mom is still getting child support even though I dont live with he

Sandy, I take issue with you on one point and that is that support is the property of the child, the custodial parent only the custodian of that money which is to be used for the child's support.

What motivated the boy to leave home, where he is living now -- who is providing for him -- are issues he has not addressed. But if he wishes to live with his father, he needs to make that known to his dad -- and his dad make the proper motion in court to modify the decree.
Friend In Court is offline   Reply With Quote

1 out of 1 members found this post helpful. Did you find this post helpful? Yes | No
Old Jun 22nd, 2012, 01:07 PM   #9
Junior Member
Country:  
Nevaehkay's Flag is: United States
 

Nevaehkay's Avatar
 
Join Date: Jun 2012
Posts: 5

Default Re: Is this right? Mom is still getting child support even though I dont live with he

i Dont mean to be rude but im female and im 17 now i have been living with my boyfriend , now ingagged to him, iv lived with him for almost a year my mom dose not pay anything, he buys my cloths my stuff for school and my food i just dont under stand why she gets money when she is not even taking care of me i dont want to live with either of my parents my mother has given up her rights by sighing me over to my boyfriends mom im in her custdy and switching in to my boyfriend at the end of next month i just want to know if i can start getting the money that is suppost to be getting used for taking care of me not other people
Nevaehkay is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jun 22nd, 2012, 01:10 PM   #10
Junior Member
Country:  
Nevaehkay's Flag is: United States
 

Nevaehkay's Avatar
 
Join Date: Jun 2012
Posts: 5

Default Re: Is this right? Mom is still getting child support even though I dont live with he

my father has contacted the courts but sense they got devorced in texas where i was born thats where he called they said it dont matter if i live there or not he still has to pay her , i was wondering why?
Nevaehkay is offline   Reply With Quote

1 out of 1 members found this post helpful. Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 16 replies and has been viewed 3480 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
dont know my babys father. will the state compensate for child support? newgirl Child Custody & Support 6 Feb 13th, 2014 08:53 PM
I want to get divorced with 100% child custody. I am ok if I dont get child support. mom2000 Child Custody & Support 11 Mar 17th, 2012 09:54 AM
Florida: A child wishes to live with her father; mom is mentally unstable JTAshton Child Custody & Support 7 Sep 4th, 2010 01:26 PM
I just dont know (receiving child support) Unregistered Child Custody & Support 9 May 7th, 2009 05:35 PM
child support from father (dont know where to get money for baby's needs) cathiebasa Child Custody & Support 7 Jan 13th, 2009 08:03 AM


International Law Issues?


All times are GMT -5. The time now is 04:40 PM.