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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87219
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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my stepdaughter lives with me and is enrolling in college in

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my stepdaughter lives with me and is enrolling in college in the spring . currently she is 19 and her mother is keeping her child support . what are my options
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Do you pay child support directly to her, or, through the Child Support Enforcement Division?

2) Does the decree of divorce/child support order state when the child support is to cease, or, is it silent on the matter? Or, not sure?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 10 months ago.


my ex is paying threw the DOR . it comes out of his check . as long as the child is in college he is to pay until she is like 25 i think .

Expert:  Ely replied 10 months ago.
N,

I see. So you mean you should be receiving child support, but you are not. By "keeping," you mean your ex is not paying, correct?
Customer: replied 10 months ago.


sorry no her mother is keeping the child support . kaitlynn moved in with me 3 months ago and her mother has been keeping the money .the money goes directly to kathy the mother .

Expert:  Ely replied 10 months ago.
Nicole,

Please understand that I do not now the situation, unless you tell me. I am coming into the middle of it. So who owes to whom and how much - this all has to be explained to me.

Using fake names, please tell me what happened.

Example:

Danny and Abby have a daughter Susan. Danny pays child support to Abby for Susan. Danny has been paying the money, but Abby has not been getting it because ___ has been keeping it..

Etc.
Customer: replied 10 months ago.


my x has an agreement with the DOR to have 100 taken from his paycheck weekly. the check goes to the mother . the mother lives out of state and her daughter is now living with me . i am the step mother . me and my husband separed like 6 years ago . so he lives in the same state as i do and now his daughter who is now 19 . she just graduated from high school and is enrolling in college in the spring . so we need to change the child support over into the childs name . that way she will get the money . but the mother is refusing to give her the child support until she is in college .

Expert:  Ely replied 10 months ago.
Thank you, N.

On this website, I do not always get to give good news, and I am afraid that this is one of these times.

The child is not the beneficiary of child support; the parent is. Child support is meant to replace the money the other party would have been bringing in if the union had stayed together. It is meant to provide the parent with funds to help care for the child. So the parent gets child support, not the child. It is not possible to move child support into the child's name.

As long as she is the official custodian of the child, then she receives child support. He does not have control of how (or if) she spends the money that she gets from him, I am afraid. The Courts do not mandate/oversee how the parents are to spend the child support.

As such, there is little that he or she can do at this time to "switch over" the support to her name. I am sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 10 months ago.


so if the child is now an adult and is no longer living with the parent . the parent still gets the money ?

Expert:  Ely replied 10 months ago.
Normally, termination of child support is at 18 under M.G.L. c. 4, s. 7, in Mass. However, the order can override this default, and likely, it does since this is what you are stating.

If it is saying that he must pay to the parent until she is 25 or in college or a combination thereof (which sounds like something that they agreed to and the Judge signed off on), then he must do so, even if she is not living at home, I am afraid.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 10 months ago.


i am not sure if the agreement says to the parent . under mass law i thought that child sup is to be paid if the child is in college up to a certain age .

Expert:  Ely replied 10 months ago.
Right, but, the order can override this default rule, and it sounds like it does.

One may wish to check the order itself to confirm, but I have a feeling it will state that the money is to be paid to the MOTHER.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87219
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Family Law Specialists are ready to help you

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