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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 371
Experience:  6+ years of experience in divorce, custody battles and mediation.
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I am the father of a 19 year old daughter and have faithfully

Customer Question

I am the father of a 19 year old daughter and have faithfully paid support since she was 5 years old. I am obligated to continue to pay until she is 20 provided that she continues as a student. I have requested documentation from my ex-wife as evidence of my daughter's intent to remain a student and she has claimed that she doesn't have to provide me with anything and that the support better continue to come to her. To further damage this situation, my daughter has advised me that her mother told her that there is "no child support money" for her continuing education as she has used it to finance her household (her, her new husband, my daughter, their three kids and his four kids to another marriage) and my wife is still on my daughters account. I have asked to be added to this account or to have my wife removed with documentation that it has been done to keep my greedy ex out of what little money my daughter will have if she continues in school. I only have the best interest of my daughter at heart, but my ex seems determined to block me at every turn. Is there anything I can do about any of this or am I simply stuck paying a woman who is to greedy to care about our child's best interest. I don't mind doing research, so if it is complex please refer me to the correct doctrine and I will commit the time required to learn about my options. Thank you for your time on this,
Very Respectfully,
Tim S.
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
Good afternoon:

Your answer largely depends on what your decree says. Generally speaking, child support does not have to be used specifically for the child. The courts consider providing a place to live, food, clothing, etc for the child to be using the child support correctly, so unless your decree specifically stated that she was to be saving this money or using it specifically for your daughter's education, she was not legally obligated to do so.

You do have a right to know whether or not your daughter is currently a student. If you find out from your daughter that she is not, you can petition the court to stop the support. Here is the form for that http://www.southernjudicialcircuit.com/selfhelp/childsupport/childsupptmod.pdf. and here are the instructions for doing so http://www.southernjudicialcircuit.com/selfhelp/childsupport/instructforchildsuppmod.pdf.

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