• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Daughter feels that her father is cheating her mother on child support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

shetan83

Junior Member
What is the name of your state? California

I think my father is cheating my mother on child support. I don't know exactly who got custody of me, because my mother tells me that my father got custody of me, but my mother agreed to not receive child support as long as she could get custody of me. My mother says my father handed me over immediately.

I don't know if this is true or not, but I can definitely believe it, knowing the type of person my father is.

My father is whining about paying $400 a month for child support, while he lives in a $2 million dollar mansion with his wife. He is seventy years old and retired, so he makes the excuse that he has no income except what Social Security gives him. He also says that the $200 a month that Social Security gives my mother is taken out of his account, so he doesn't need to pay the extra $400. He is active in the stock market. Doesn't that count as income? Although I think he might be low enough to register the income under his wife's name so that he doesn't need to count that when it comes to child support.

I thought that child support is based on standard of living, and not on income. When I said that to him, he laughed.

My father used to pay $600 a month when I attended a private elementary school. Now I am a senior in a public high school. Expenses are increasing, and yet he has decreased child support. I asked why he couldn't pay the $600, and he says that's all he gets from Social Security, and that he needs to "have some dignity" and not totally rely on his wife for monetary support. I asked if that was more important my standard of living.

He replied, "my dignity is more important than your life."

I plan to attend a four-year college. I took a civil law class in my high school, and it said that he is obligated to pay child support until I graduate from the four-year college. Is it true?

Does anyone know how I can improve this situation for my mother and me?
 


stealth2

Under the Radar Member
Support is paid on income, for the most part (the difference would be if he was voluntarily un- or underemployed; being retired at 70 is hardly surprising and he wouldn't be penalized for that). He is required to pay what the support order says - no more and no less. And really, this is an issue between him and your mother.
 

shetan83

Junior Member
My parents divorced when I was an infant. I think that they have long ago left behind what the official orders were. The only thing is, he is threatening to cut the $400, and I know how much of a toll it would take on my mother. $400 is not going to affect my father while he lives in a mansion, but $400 a month is a big difference to my mother, who has a job that just pays a little bit over minimum wage.

My mother doesn't speak English, and I'm tired of him taking advantage of her just because he does speak English and was a lawyer. I want to stand up for my mother, because I hate his irresponsible behavior.

And can support orders ever be changed? If the support order is changed, would the custody orders also be changed?
 

stealth2

Under the Radar Member
Assuming that she's been in the US since you've been born, not speaking English is not a reasonable excuse. Sorry. Millions of people have come here with no English skills and learned the language.

Support and custody orders are always modifiable. However, since Mom doesn't speak English, she'd be wise to consult with an attorney about how likely an upward modification would be, what the current order states (whether they've been following it or not, that is what governs), whether he owes any arrearages, etc.
 

nextwife

Senior Member
Hon, if your dad is 70, he was already 53 when you were born. Honestly, we women who choose to become parents with older men had better go into this knowing we could very well need to be the sole support of our child (my 7 year old's dad is 59) because we can't really presume they will have the physical stamina, or health, needed to work a full time job past their mid 60s. I mean if they do, great, but we pretty much need to go forward eyes wide open and KNOW that there is a good chance we will be our kid's sole support.

He is retired, he likely has worked for decades. Is he remarried? Is the house his wives, or partially hers? Because if so, the "value" has absolutely NOTHING to do with what he is able to provide. Child support is a formula based on a number of factors, and income is the main determiner. Do you have any clue how much medical coverage and prescription drugs can cost a retired person each month in order to JUST STAY ALIVE?
 

VeronicaGia

Senior Member
shetan83 said:
What is the name of your state? California


I plan to attend a four-year college. I took a civil law class in my high school, and it said that he is obligated to pay child support until I graduate from the four-year college. Is it true?

Does anyone know how I can improve this situation for my mother and me?
Unless it is clearly written in the divorce decree, you will emancipate by law when you have reached the age of 18 and have graduated high school, but no longer than age 19. So your civil law class was incorrect if he/she thought it was automatic in CA.

You'll have to start looking for a job yourself, plus apply for grants and loans for college.
 

VeronicaGia

Senior Member
BelizeBreeze said:
And beside all of the other answers THIS IS NONE OF YOUR BUSINESS.

you have no legal standing in any of this.
Ditto that....so many of these lately, kids think the world owes them.

So where the heck have you been???? :p
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top