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Misappropriated Child Support/Statute of Limitations

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JustCurious123

Junior Member
New York is the state where the following occurred:

My parents divorced in the late 1980s after a seven or eight year marriage. My mother got custody and was awarded support payments from our father. Due to various reasons, he had problems making payments early on. We eventually lost touch with him; the story from mom was that he was a deadbeat and that we shouldn't waste our time.

Almost twenty years go by, and I decide to reunite with him. And boy, it's amazing how different the other side of the same story is.

While my mother cried poverty for years, she was actually, all told, getting what amounted to $350,000. There are checks I have seen that prove this. I never considered, being a child, why we had such a nice home or why she had such a nice car, because I was always reminded by her that because of dad, we didn't have a lot of money.

So here was the real kicker for me:

I began my higher education by attending a local community college, because I was told I would have to pay for college myself. It seemed like an easy way to afford the first two years before I would have to consider loans. I was to write checks for the amount directly to my mother, who told me she would complete the other paperwork and deliver everything to the Bursars office.

Imagine my surprise when my dad shows me copies of old checks that paid my tuition in full! He was obligated as part of his support to pay for those two years. So I can only guess where mom took my summer job money--the mall, perhaps? Additionally, dad made a very large final lump sum payment to her about 5 years ago, the same year I graduated from my graduate program. While I was taking out massive loans, she went and bought herself a 5,000 square foot house.

My question, given the above, is two-fold:

1. When a custodial parent is awarded child support, is s/he obligated to spend it in any particular way? Could she argue that house she bought with the support money, although none of us children were living with her, was still in our best interests?

2. Is there a statue of limitations in these scenarios? The bulk of significant payment and other events occurred from 1997-2004.

After hearing my dad's side of the story and seeing the checks myself, I am disgusted that my mother would lie to and steal from her children. I am very curious to know if there is any possible merit to what I have said above, even though I'd imagine there are a lot of technicalities and specifics in a complex scenario such as this. Now that my litter brother has started medical school, I am very motivated to find out if we can take dad's money back from her and use it for something positive in our family. Thank you.
 


mommyof4

Senior Member
The child support paid to your mother is hers to do with as she pleases. It is not, nor ever was, owed to you. Added to that, it is apparent that your father DID pay your college tuition.


A seperate issue seems to be the money you paid to her. Did that money actually go toward your education? (not the child support. The actual checks/money YOU gave to your mother.)
 
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The child support paid to your mother is hers to do with as she pleases. It is not, nor ever was, owed to you.

That does not mean that what she has done is morally correct.

A seperate issue seems to be the money you paid to her. Did that money actually go toward your education? (not the child support. The actual checks/money YOU gave to your mother.)
Actually, I wonder. I'm very curious about this situation. Did the support order between your parents specifically address the college tuition issue? If it did, and Dad complied, but mom did not use those specifically earmarked dollars for the purpose specifically spelled out in the support order, there could be a valid issue here. Your Dad, however, is in the best position to initiate any action to try to recover any of those misused funds. It would be worth an attorney consultation. If the support order specifically addresses the tuition and/or the lump sum he paid and how it was to be spent, he should consult an attorney on bringing either a contempt motion or a fraud action.
 

mommyof4

Senior Member
Imagine my surprise when my dad shows me copies of old checks that paid my tuition in full!
Huh. I may be misreading this. OP, were the checks paid to your mother or the school? I read it as he did pay your tuition. However, if he thought he was paying your tuition (by paying your mother) but your mother never paid the tuition, then your dad may very well have a legitimate claim.

Sorry if I misunderstood.:eek:
 

JustCurious123

Junior Member
Thanks for the quick and thoughtful consideration.

As far as I know, part of the order was that he was to pay for the first two years of all of our educations at a local community college, which he did.

However, our mother told us he did NOT do this so we needed to get summer jobs to make the money, which we would hand off to her. I think that this is a dead issue because I never thought, at the time, to ask my mom for a recipt, so there is no way for me to prove that she was using the statements as a ruse to collect about $3k form each of us at the beginning of each semester, while our dad was actually paying the school directly.

In terms of the lump sum, I don't believe there were any additional earmarks on it, but I will now double check. It sounds like that is hers to do with as she pleases. Not coming from a legal background, I was just confused--seems like the term child support is slightly misleading if it is not owed to the children, no? Otherwise why is there child support and spousal support, if it all just goes to the same person?

Thanks again everyone.
 
I took OP to be saying that Dad paid the tuition in full, but, at the same time mom was collecting checks from the OP. Mom told OP that the checks she was collecting were paying her tuition. When in fact the tuition had already been taken care of by dad. Sounds like mom wasn't misusing dad's money, but was frauding OP, taking OP's money and doing who knows what with it.
 

Zephyr

Senior Member
I took OP to be saying that Dad paid the tuition in full, but, at the same time mom was collecting checks from the OP. Mom told OP that the checks she was collecting were paying her tuition. When in fact the tuition had already been taken care of by dad. Sounds like mom wasn't misusing dad's money, but was frauding OP, taking OP's money and doing who knows what with it.
that was my take on it as well....
 

Just Blue

Senior Member
Thanks for the quick and thoughtful consideration.

As far as I know, part of the order was that he was to pay for the first two years of all of our educations at a local community college, which he did.

However, our mother told us he did NOT do this so we needed to get summer jobs to make the money, which we would hand off to her. I think that this is a dead issue because I never thought, at the time, to ask my mom for a recipt, so there is no way for me to prove that she was using the statements as a ruse to collect about $3k form each of us at the beginning of each semester, while our dad was actually paying the school directly.

In terms of the lump sum, I don't believe there were any additional earmarks on it, but I will now double check. It sounds like that is hers to do with as she pleases. Not coming from a legal background, I was just confused--seems like the term child support is slightly misleading if it is not owed to the children, no? Otherwise why is there child support and spousal support, if it all just goes to the same person?

Thanks again everyone.
Child support is to provide the NCP's share in the support of the children...Food, clothing, heat. electric, phone, cable, transportation, medical and dental, school supplies...ect...Do you really think that the child should get the check for 1k a month? :rolleyes:

Perhaps if Dad had bothered with you when you were growing up he would have known that Mom was "misappropriating" funds...IF that is what happened! I, personally, would have a hard time believing the word of a man that abandons his children and 20 years later bad mouths her.
 

mommyof4

Senior Member
Thanks for the quick and thoughtful consideration.

As far as I know, part of the order was that he was to pay for the first two years of all of our educations at a local community college, which he did.

However, our mother told us he did NOT do this so we needed to get summer jobs to make the money, which we would hand off to her. I think that this is a dead issue because I never thought, at the time, to ask my mom for a recipt, so there is no way for me to prove that she was using the statements as a ruse to collect about $3k form each of us at the beginning of each semester, while our dad was actually paying the school directly.

In terms of the lump sum, I don't believe there were any additional earmarks on it, but I will now double check. It sounds like that is hers to do with as she pleases. Not coming from a legal background, I was just confused--seems like the term child support is slightly misleading if it is not owed to the children, no? Otherwise why is there child support and spousal support, if it all just goes to the same person?

Thanks again everyone.
So I read it correctly the first time through. Whew....:D
 

Silverplum

Senior Member
Child support is to provide the NCP's share in the support of the children...Food, clothing, heat. electric, phone, cable, transportation, medical and dental, school supplies...ect...Do you really think that the child should get the check for 1k a month? :rolleyes:

Perhaps if Dad had bothered with you when you were growing up he would have known that Mom was "misappropriating" funds...IF that is what happened! I, personally, would have a hard time believing the word of a man that abandons his children and 20 years later bad mouths her.
These facts about what CS is for are certainly well worth telling the OP, Bay.

And the opinion part? Given what we've been told thus far, I can't disagree. Maybe there's more to the story, maybe there's not.
 

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