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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15913
Experience:  Licensed Texas General Practice Attorney
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The child is now 18 and just graduated high school, his mother is in j

Customer Question

The child is now 18 and just graduated high school, his mother is in jail and father is not in the picture however owes back child support which is being taken by the state, the child lives with a family member of one of his siblings, not his, this woman is collecting the child support however is not supporting the child, he works and supports himself, and now has been ask to leave the home, what can he do?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. Can you tell me what state this is in?
Customer: replied 1 year ago.
Massachussetts
Expert:  ScottyMacEsq replied 1 year ago.
The child unfortunately doesn't have any rights to stay in the house. The family member can make him leave the house. Now as a resident of the property, she would have to give him formal written notice to leave (which is 30 days notice), after which she could file an eviction action. But he doesn't have any right to stay, no longer being a minor.
Expert:  ScottyMacEsq replied 1 year ago.
As far as her keeping the child support...
Customer: replied 1 year ago.
that is where my concern lies is with the child support
Expert:  ScottyMacEsq replied 1 year ago.
That's something that is looked down upon by the courts. Child support is meant to be used for a child. Now note that a child does not have "standing" to sue for child support and seek the arrears. Child support is to be paid to the party that is maintaining the child, but there is still an assumption that the support would be used to pay for the child's needs. If it could be established that the child actually had to pay for his own care, food, clothes, home (in the form of rent), etc... and that the family member paid nothing, the child could then have a claim against the family member for "economic contribution". In other words, he had necessary and reasonable expenses that he paid out of his own money that he didn't have to pay for, and that she should have paid out of the child support. Note that the child does not have a claim against his parents. He doesn't have a claim for the arrears. What his claim is for is the money that was received for his benefit by the family member but not actually used for his benefit.
Expert:  ScottyMacEsq replied 1 year ago.
Now ultimately if I were the child I would contact the court that issued the child support order, starting out with a letter, informing them about the matter. It would probably need to get more "formal", in that the child would need to file a petition for reimbursement of those expenses that he incurred himself that the family member refused to pay. That being said, he would need to contact an attorney in his area that deals with family law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in the area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
Hello?
Expert:  ScottyMacEsq replied 1 year ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)