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04-09-2004, 10:09 PM
| | |  I Need A Lot Of Help!!
What is the name of your state? Massachusets
MY BACKGROUND: I am 17 going on 18 this summer and I'm finishing highschool in a few months. Matters at my house continue to worsen and it has affected me physically, mentally, and emotionally. I intend on moving out of my house as soon as I turn 18 into a small apartment with two other girls. I'm not a brat that wants to leave my house simply because I don't get my way; my stepdad is getting out of control with the abuse and treats my mother, sisters, and I as property( because of this I have suffered from depression for a few year snow). After 14 years, my mother still does not plan on leaving him, so I will. Also, another situation is my biological father who has failed to make child support payments for many years now. I have a few questions.
QUESTIONS:
1. What legal procedures do I have to follow to be identified as an adult so that I can move out? What verifications are needed?
2. How long after I'm 18 do I have to wait for it to be legal?
3. Are there any clauses or ammendments that can allow my parents to force me back to the household even though I am 18?
4. Can I sue my father for the neglegance of child support payments? What are the procedures? Is it valid after I'm 18?
I'm am extremely desperate. Any efforts would be much appreciated. Either way, thank you very much for your help. Feel free to send a private message or IM me.
- Dora  |
04-09-2004, 10:42 PM
| | Senior Member | | Join Date: Apr 2004 Location: Bay Area, CA
Posts: 10,152
| | | Re: I Need A Lot Of Help!!
Quote: Originally posted by muneca04
What is the name of your state? Massachusets
MY BACKGROUND: I am 17 going on 18 this summer and I'm finishing highschool in a few months. Matters at my house continue to worsen and it has affected me physically, mentally, and emotionally. I intend on moving out of my house as soon as I turn 18 into a small apartment with two other girls. I'm not a brat that wants to leave my house simply because I don't get my way; my stepdad is getting out of control with the abuse and treats my mother, sisters, and I as property( because of this I have suffered from depression for a few year snow). After 14 years, my mother still does not plan on leaving him, so I will. Also, another situation is my biological father who has failed to make child support payments for many years now. I have a few questions.
QUESTIONS:
1. What legal procedures do I have to follow to be identified as an adult so that I can move out? What verifications are needed?
2. How long after I'm 18 do I have to wait for it to be legal?
3. Are there any clauses or ammendments that can allow my parents to force me back to the household even though I am 18?
4. Can I sue my father for the neglegance of child support payments? What are the procedures? Is it valid after I'm 18?
I'm am extremely desperate. Any efforts would be much appreciated. Either way, thank you very much for your help. Feel free to send a private message or IM me.
- Dora |
Sweetie,
The day you are 18 you are legal. If things get worse, call CPS. You sound very bright, and I have no question in my mind you are on the right track.
Please remember this statement as you are getting older....
"As an ADULT,(18), you own your life, you own your past, and it is up to you to own your future, and how you live your life. Do not blaim anyone, just focus on who you are.
Best wishes to you.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.
You Rock,
Love,
Us
|
04-09-2004, 11:03 PM
| | Senior Member | | Join Date: Nov 2001 Location: Monticello, In
Posts: 6,744
| | | Re: I Need A Lot Of Help!!
Quote: Originally posted by muneca04
What is the name of your state? Massachusets
QUESTIONS:
1. What legal procedures do I have to follow to be identified as an adult so that I can move out? What verifications are needed?
Legally you can not move out until you are 18. Your parents could turn you in as a runaway. would anything be done? I don't know.. no one can say however ... legally you aren't an adult.
2. How long after I'm 18 do I have to wait for it to be legal?
Wait for what to be legal?
3. Are there any clauses or ammendments that can allow my parents to force me back to the household even though I am 18?
Not once you are 18.
4. Can I sue my father for the neglegance of child support payments? What are the procedures? Is it valid after I'm 18?
Firstly NO YOU can't sue him. That child support money IF there is even an order is not yours but goes to the person that supported you.
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__________________
If it seems like you fell out of the stupid tree and hit every branch on the way down, be aware, I'm going to let you know.
|
04-10-2004, 01:09 AM
| | Senior Member | | Join Date: Nov 2001 Location: Monticello, In
Posts: 6,744
| | | And do you have proof that I'm wrong?
Do you even know if there is a CO?
Also explain since when a child gets child support
__________________
If it seems like you fell out of the stupid tree and hit every branch on the way down, be aware, I'm going to let you know.
|
04-10-2004, 07:21 AM
| | Senior Member | | Join Date: Jun 2002 Location: Guess....
Posts: 3,272
| | | To you it might be a simple concept, but in reality, it doesn't happen that way.
A child can not sue a parent for back child support simply because the child has no standing in the law to do so. CS is monies paid to a CP (not to a child) to reimburse the CP for their share of the costs of raising that child.
The only person that has standing to sue for CS arrears is the person the money was owed to in the first place.
The CP.
__________________
You can't scare me.
I have children.
|
04-10-2004, 08:02 AM
| | Senior Member | | Join Date: Jan 2001
Posts: 4,561
| | | No, in the state of massachusetts, the child support money belongs to the PARENT always.
Only the OP's mother has the right to sue for child support and/or back child support, and then only if there was a court order for it.
And in this case, when this child turns 18, the vast majority of the child support order, if there is one in place will revert to his next oldest sibling, as the reason the mom is supposed to recieve support. Technically there is no extra money owed HIM, the money in any case does NOT belong to the child.
to the OP, if there is TRUE abuse going on in your family, have you considered talking to someone outside your family? your school counselor, or a doctor?
__________________
"It is easier to build strong children than repair broken men." Frederick Douglas
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04-10-2004, 08:09 AM
| | | Let's make sure you understand this:
QUOTE]1. What legal procedures do I have to follow to be identified as an adult so that I can move out? What verifications are needed?[/quote]
You need none. As you've been told, you are an adult and can and should leave. Quote: |
2. How long after I'm 18 do I have to wait for it to be legal?
| One second. Quote: |
3. Are there any clauses or ammendments that can allow my parents to force me back to the household even though I am 18?
| Only if you let them control you. Quote: |
4. Can I sue my father for the neglegance of child support payments? What are the procedures? Is it valid after I'm 18?[
| No. Simply put, although you and your siblings are the subject of the legal action that resulted in child support, the PARTIES to the support order were your mother and father. They are the only two people who have legal standing in this matter.
Now, as to your siblings, if you feel that the abuse will continue once you move out, then call CPS and let them know what is occurring. You may be safe by moving out, but you are still leaving an abusive situation for someone else to deal with. |
04-10-2004, 09:41 AM
| | Senior Member | | Join Date: May 2002
Posts: 28,316
| | Quote: Originally posted by --PARIDISE--
Simple concept actually......If I am now an adult, ane NCP had a order of support and it never came to the CS, then this child as an adult can sue the NCP for back support, and it could go potentially right to that childs,(Adult Now), hands. | Completely wrong. The child was never a party to the order for support - the two parents were. Support is due the CP. If support wasn't paid, s/he was supporting the child on his/her own and therefore the CS is repayment for his/her outlay. It does NOT belong to the child. You're all wet on this one, dude(ette). |
04-10-2004, 11:43 AM
| | |  THANK YOU
I JUST WANT TO THANK YOU ALL FOR YOUR HELP. I'VE BEEN TRYING TO GET ANSWERS AND NO ONE HAS BEEN ABLE TO GIVE THEM TO ME UNTIL NOW....ONCE AGAIN THANKYOU ALL!!! I NOW KNOW THAT I HAVE THE RIGHT TO LEAVE MY HOUSE AS SOON AS I AM 18. BY MAJORITY, I GUESS I CANNOT SUE MY FATHER FOR THE CHILD SUPPORT HE OWES FOR ME AND MY SISTER- THAT IS ALL IN MY MOTHER'S HANDS (I DOUBT SHE'LL DO ANYTHING).
I HAVE ONE MORE QUESTION:
LET'S SAY AFTER I'VE MOVED AND I AM WELL- SETTLED IS IT POSSIBLE FOR ME TO HAVE MY YOUNGER SISTER (16 YRS. OLD) MOVE IN WITH ME? WHAT SORT OF LEGAL PROCEDURES HAVE TO BE FOLLOWED FOR THIS TO HAPPEN?
THANKYOU- IT IS MUCH APPRECIATED!  |
04-10-2004, 11:49 AM
| | Senior Member | | Join Date: Nov 2001 Location: Monticello, In
Posts: 6,744
| | | You sister can not leave the home legally until she herself is 18.
__________________
If it seems like you fell out of the stupid tree and hit every branch on the way down, be aware, I'm going to let you know.
|
04-10-2004, 11:51 AM
| | Senior Member | | Join Date: May 2002
Posts: 28,316
| | | Either your sister would have to be legally emancipated, you would have to legally be given custody, or she'd have to turn 18. The first two will not happen easily. |
04-10-2004, 11:59 AM
| | |
Okay, thankyou. How do you become legally emancipated? I having legal custody would involve my mother signing her over to me, right? Okay, so this isn't going to be easy, but I have to look out for my sister. |
04-10-2004, 12:27 PM
| | Senior Member | | Join Date: Nov 2001 Location: Massachusetts
Posts: 21,159
| | | [url]http://www.lawlib.state.ma.us/clcemancipate.html[/url] |
04-10-2004, 01:37 PM
| | Senior Member | | Join Date: Apr 2004 Location: Bay Area, CA
Posts: 10,152
| | Quote: Originally posted by stealth2
Completely wrong. The child was never a party to the order for support - the two parents were. Support is due the CP. If support wasn't paid, s/he was supporting the child on his/her own and therefore the CS is repayment for his/her outlay. It does NOT belong to the child. You're all wet on this one, dude(ette). |
I deleted my posts, I honestly could have sworn an adult can sue for negligence of the NCP, but I could have been watching Judge Judy or someting. Sorry for the bad advice.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.
You Rock,
Love,
Us
|
04-10-2004, 02:21 PM
| | | | PARIDISE- thankyou for all of your help. | |
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