Tuesday, May 25, 2010

I'm 17. If I want to move out of home, can I have my child support payments modified?

Okay so my mother receives child support payments for me from my father. I am 17 and my mom has given me full permission to move out. I have a job and people that will take care of me once I move; I am also still a full-time high school student. Is there a way that I can have my child support checks put in my name since I will not be living at home anymore? And can I change the address so that I can receive the checks at my new home? I need real answers here. No guesses. I would use my child support checks along with my regular income to support myself.
Answers:
No. The child support is to be paid to your mother for your support - your father can give you money, but he is not legally bound to provide you with funds under the guise of child support.
Your father is not bound to provide that support to your mother once you leave home, either - it is for your maintenance while under her care.
Talk to your father and ask for the funds.
Nope, child support always goes to the PARENT to support the child.
No you cannot do that. Has your mother agreed to give you the checks? If she has, she could deposit them into an account for you.
You are underage, you must get emancipated to legally move out %26 have anything put into your name.
The courts do this with one parent's signature.
The above answers all seem to be correct, except for the fact that just because you move out of the house with your mother's permision you are emancipated. That's certainly not the usual case. Many kids go to college and are still dependent. I think the best thing you can do is to simply ask your mother for money to help you out. She might need some of the support money to pay for your health insurance, and other costs that don't go away even when you move out, but she should be willing to help you a lot. Your father should know what's going on with this too, though he is legally bound to simply continue paying your mother regardless of where you live. If you are "emancipated" then he would not have to pay anymore, as you would "be own your own".
For additional help with this go to the N.C. dept of family and children services about this. Here's the link: http://www.ncchildsupport.com/
Odds are the support payments would stop as you will need to be emancipated to live on your own, this process means you are an adult and no longer covered by the friend of the court or your parents responsibility to take care of you. If you wish to move out, plan on doing so without the assistance of your parents, they will no longer have to cover your butt for anything once you are considered an adult.
I agree with one of the posters. Talk to your dad and see if he will send the money to you. Keep in mind if you actually NEED his money to live on your own then you might want to stay put with mom. Your going to be 18 very soon and that money will not keep coming.
If you are moving out under very friendly circumstances with your mother maybe talk to her about using the money for your rent or medical insurance and food. A parent will be more amiable about the situation if you have them pay for necessities as opposed to them handing you cold hard cash.
Legally, your father is not bound to send you "the child" any money whatsoever.
Long story short. Try and move out on good terms with both parents. When you start trying to "legally" obligate (as some people have posted) people to do things then you are going to get a lot of resentment built up. Realize that you are asking them to send you money and they are not obligated to grant any request of yours since you are the "child". Also, by asking for money you are basically proving to them you cannot live on your own. Just talk to your mom and dad about your plans and see if he/she will agree to support you for a few more months until you are out of high school.
No the child support goes to the parent not the child. You have to go through the courts to get these types of changes made. They would have to go to the adult that is taking care of you they never go to minor. If you are trying to live alone you will have to be emancipated in order to do that then you are considered an adult and once you are 18 you no longer receive child support. So it is a lose lose situation. Even if you just turned 17 to go through the courts and have a new guardian appointed then a different court to have child support switched you will be 18 and no longer get check any way. If you try to emancipate yourself you will be considered an adult and no longer receive checks
If your dad tries to send you the money and not your mom she can take him to court for back child support and have hime go to jail

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