Support after age of majority

[bambi66]

What is the name of your state? IN

My DH has custody of his 18 yo son (per 1988 court order). The boy actually lives with his grandmother (she has no custody rights at all). We were giving grandma money each month for food and increased household cost due to him living with her. We were also paying for all school, clothes, and other necessities just as if he were living with us. When he turned 18 in July, he informed us that he was not going to college and would be working full time and grandma asked him to start paying rent and his car insurance. My DH received a letter from a lawyer asking him to start paying child support again due to the fact that the boy has now enrolled in college. We did inform the boy that if he needed any assistance with necessities, we would be more than happy to assist. My question is, can the grandmother open a case for child support for an 18 yo that she has no custody rights to?

Thanks for any advice.

 

[smorr]

Who is the lawyer representing - the custodial parent or grandma? Who's name was on the child support order to receive the money in the first place? If the child has reached emancipation (age of majority), only the name of the parent or legal guardian of the child on the support order should get the money for the college education. It should also be brought to a probate court (or whatever court in your state handles child custody issues) so that it can be put on the record - don't count on this lawyer being up-front and honest. If he doesn't go to the court to get it on the books - you should!

 

[bambi66]

Who is the lawyer representing - the custodial parent or grandma? Who's name was on the child support order to receive the money in the first place? If the child has reached emancipation (age of majority), only the name of the parent or legal guardian of the child on the support order should get the money for the college education. It should also be brought to a probate court (or whatever court in your state handles child custody issues) so that it can be put on the record - don't count on this lawyer being up-front and honest. If he doesn't go to the court to get it on the books - you should!

The only child support order is for my DH to RECEIVE support from his x-wife and that is NOT the issue. The CP is my DH. I know this lawyer will take grandma's money and file for child support, but would child support be awarded if grandma does NOT have custody?

 

[smorr]

Sounds like the lawyer's representing her, which means she's the one seeking the money, and she could possibly get it since she's the one who has housed the child, used the previous support money to provide food, clothing, etc. for the child. The court could also take into consideration the length of time the child lived with her. Grandparents do have rights and she may be exercising hers through this attorney.

If you do not want her to get this money, I would step in now and get your side of the story heard.

Good luck

 

[bambi66]

Sounds like the lawyer's representing her, which means she's the one seeking the money, and she could possibly get it since she's the one who has housed the child, used the previous support money to provide food, clothing, etc. for the child. The court could also take into consideration the length of time the child lived with her. Grandparents do have rights and she may be exercising hers through this attorney.

If you do not want her to get this money, I would step in now and get your side of the story heard.

Good luck

But Grandma does NOT have custody, my husband does. My husband was awarded sole legal and physical custody in 1988. What does getting my DH side of the story heard have to do with anything?

Can a grandparent get court ordered custody of an 18 yo?

 

[Whyte Noise]

Yes.

In Indiana, CS continues until the age of 21 anyways. Then, they also have a post-secondary school worksheet they use.

Now, since the son has lived with grandma, your husband paid "support" to grandma, there has been a "status quo" established. Even though dad is the CP, and grandma has no custody rights, it's been established that son lives with grandma, grandma has taken on the "parental role", etc. And since in Indiana, CS continues to the age of 21, she could take him to court for CS, even though HE has legal custody.

 

[bambi66]

We have told grandma and the boy we will help out with his needs and education. We prefer not to pay them directly.

Do we have any other options?

 

[VeronicaGia]

You are in a sticky situation, and will be best helped with an attorney's advice. Since you have custody, you could go collect the son and bring him home. However, he's 18, and really cannot be forced. You can also talk to an attorney about legally emancipating him.

Definitely speak with an IN attorney.