daughter moved out of mom house lives with boyfriend

[chmk24]

What is the name of your state (only U.S. law)? new york
My question involves child support in the State of: New York i pay my ex 106 a week and just found out my daughter at the age of 18 lives at her boyfriends and has been for a least 2 months. my daughter is taking me to court to to get more money and wants the payment to go to her.

My question is can her mom get in trouble for collecting child support when my daughter wasn't living there and shouldn't her mother be responsible to pay support too?

 

[RRevak]

How is your daughter taking you to court? Since child support is to reimburse the parent for expenses used in raising the child, your daughter isn't going to get anywhere in asking for payments to go directly to her. The money sent was never hers, it was always her mothers. Standby for seniors though on the part regarding mom continuing to receive support.

 

[Zigner]

She (mom) isn't going to get in any sort of trouble.

Why didn't you know your child had moved?

 

[chmk24]

Well in new york state the child can receive payments at the age of 18. I also do know that the mother should have reported that the daughter has moved out. The reason i did not know as my daughter and me have not talked for 5 years as she did not like my rules. My question is that she is know living with boyfriend isn't mother responsible to pay too?

 

[Rushia]

You should be filing a motion to dismiss the petition AND a motion to stop child support as the "child" is living outside the care and control of her parents.

Her mother isn't going to be in any trouble as it is your job to file to cease child support.

 

[Rushia]

Well in new york state the child can receive payments at the age of 18. I also do know that the mother should have reported that the daughter has moved out. The reason i did not know as my daughter and me have not talked for 5 years as she did not like my rules. My question is that she is know living with boyfriend isn't mother responsible to pay too?

Who told you that? I have not nor have I ever heard that at 18 the payment switches to the child. The MAJORITY of the people I know were able to drop support entirely when the "child" moved out of the care and control of their parent.

You NEED an attorney.

 

[sandyclaus]

What is the name of your state (only U.S. law)? new york
My question involves child support in the State of: New York i pay my ex 106 a week and just found out my daughter at the age of 18 lives at her boyfriends and has been for a least 2 months. my daughter is taking me to court to to get more money and wants the payment to go to her.

My question is can her mom get in trouble for collecting child support when my daughter wasn't living there and shouldn't her mother be responsible to pay support too?

Quite frankly, if she isn't living with mom anymore, and Mom isn't still providing for her basic living expenses, then NO ONE should be paying child support anymore. If she is capable of living independently - even if her boyfriend is supporting her now - then she no longer requires child support. Normally, child support is payable until the age of 21, but if the child becomes emancipated before that, then the child support obligation can be terminated sooner. The determination here is made by considering the issue of parental control. If the child moved out to be with her boyfriend, and the mother no longer provides for her financial support, then the courts will consider her to be emancipated - living outside of parental control, and living independently of any financial support from the parents.

Is the mother still providing any kind of financial support to your daughter while she lives with her boyfriend? Is she paying for her food, rent, or other basic living expenses? If the answer is no, then you should be heading to court to terminate the support order based on your daughter's emancipation.

 

[chmk24]

The child support system told me that my daughter has a right to take me to court to get the support. As to what my daughter is doing I have a court date on February 25th. I do not have a problem paying my issues is that her mother kicked her out and does not help my daughter out but if i have to pay I think she should have to too.

 

[Rushia]

The child support system told me that my daughter has a right to take me to court to get the support. As to what my daughter is doing I have a court date on February 25th. I do not have a problem paying my issues is that her mother kicked her out and does not help my daughter out but if i have to pay I think she should have to too.

She has a right to take you to court that doesn't mean that she'll win nor does it mean that she's entitled to payment. You need an attorney as you should not be ordered to pay for your daughter to shack up with her boyfriend. Stop focusing on the mother and worry about yourself.

 

[chmk24]

My daughter put right in the court paper that she is not living with mom know more. I am not worried about the mom but frustrates me that my daughter has not lived there and mom has been collecting this child support and not giving it to our daughter. Does anyone know if the courts do make me continue will they make her pay too?

 

[TinkerBelleLuvr]

You need an attorney sir. What comes to mind is a motion that is filed that will order MOM to also pay.

 

[LdiJ]

You need an attorney sir. What comes to mind is a motion that is filed that will order MOM to also pay.

Will that change what dad has to pay?

 

[TinkerBelleLuvr]

Will that change what dad has to pay?

It certainly sets it up to potentially be zero See, I could see MOM protesting the paying of support to child and then try to order child back home. Child refuses. Child is no longer under the control of mom, hence I can see a zero in the future.

The faulty logic is that only DAD owes princess money to shack up with boyfriend. Under that thought process, BOTH parents would owe princess. I somehow feel (crystal ball is MIA) that it might not go the way princess wants.

And this scenario is why I say he NEEDS an attorney.

 

[Ladyback1]

The child support system told me that my daughter has a right to take me to court to get the support. As to what my daughter is doing I have a court date on February 25th. I do not have a problem paying my issues is that her mother kicked her out and does not help my daughter out but if i have to pay I think she should have to too.

And this has been going on for just a few months?

Do you honestly believe that $106/week actually covered half of what the child needed in the weeks, months, years leading up to Mom "kicking her out"? Mom probably spent double that in a week to provide the necessities for your daughter. And did Mom really kick her out? or did little Princess not like Mom's rules and leave? Seriously, you haven't spoken to the child in 5 years, so I'm doubting you know the whole truth from Mom and Princess.

JUST STOP Worrying about Mom! Focus on your child, which has apparently been an issue for you for a while.

 

[Just Blue]

Well in new york state the child can receive payments at the age of 18. I also do know that the mother should have reported that the daughter has moved out. The reason i did not know as my daughter and me have not talked for 5 years as she did not like my rules. My question is that she is know living with boyfriend isn't mother responsible to pay too?

Well. Shame on you for allowing a 13 year old to do that.

And No. If daughter wants to live with BF she can pay her own way. File in court to emancipate her.