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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3587
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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RA-AMM

Customer Question

I'm 28 and my dad is still paying child support, which goes to my mom. The thing is, I was never in my mother's custody. Since I was about 9 I was placed in foster care and both of my parents rights were terminated. I stayed in all the way till I was 18. Is there a way to either stop the child support or have it directed to me instead of my mother.
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

texlawyer :

Good afternoon. I'll be assisting you with your question.

Customer :

Thank you.

texlawyer :

Is there a court order requiring your father to still pay child support?

texlawyer :

It is very unusual for a parent to pay child support for a child of that age.

Customer :

Yes, but in the State of TX. I was warded to the State of Kansas and that is where my parent's rights were terminated.

Customer :

My father says its for back child support, but I never lived with my mother.

texlawyer :

Also, if your parent's parental rights were terminated, there should be no support payments at all. Are you sure they were child support payments and not spousal support payments (like alimony).

Customer :

No, my parents were never married. I remember my socialworker telling me that they had terminated both of my parents rights.

texlawyer :

To answer your question directly, you cannot have the money paid directly to you. The payments are for back child support, so they should go to whomever was paying for your care during the time the payments were supposed to be made.

Customer :

Okay. But if my mother never had custody of me, why is my dad still paying for child support.

Customer :

And I know one time my dad said he was paying child support for TX and child support to KS, cause he had told me a time where he was paid off with KS.

texlawyer :

Do you know why payments were ordered while you were in foster care?

texlawyer :

Have you actually seen the child support order, or is your understanding of the situation based solely on what you've been told?

Customer :

No I seen the support order a while back, but I don't remember why he had to pay.

texlawyer :

This is a very unusual situation. I can't think of a reason a parent whose parental rights have been terminated should be receiving child support. It sounds like the court either made a mistake or was mislead.

texlawyer :

Your father can file a motion in court to cease arrears payments, and you can be a witness to explain that you did not live with your mother. However, you cannot file it on your own since you aren't a party to the payment (the payment is between your father and mother). Ultimately, the motion has to come from your father, with you in support of it.

texlawyer :

Do you have any questions?

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