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JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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Hello, Im an adoptive parent. I have a 19 year old not living

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Hello, Im an adoptive parent. I have a 19 year old not living with me but still attending high school. Its his 2nd year of being a senior. Now My adoptive son has gotten his girlfriend pregnant and choose to live with his girlfriend at her parents house. My question can the girlfriends father file a support case against me for my son living with him know his daughter is pregnant. Why do I have to support this 19 year old that has failed his st senior year and is now enroolled again for his 2nd senior year of school but does not attend school properly and is failing again and he has someone pregnant. How am I still reliable for this.
There is almost no chance that the girlfriend's father could get a child support order against you in this circumstance. He would first have to establish custody, which could theoretically be done, but it would be much more likely that the child would just be emancipated at this age. At age 19, the child is really an adult and would only be subject to a child support order because he is in high school... but it would be very unusual for a non-parent to get a guardianship this late in the game.
Customer: replied 4 years ago.

I really like your answer but the girlfriends father already filed a case against me for support for my son. Because dillan is now living with his girlfriend that he has pregnant and the girlfriend is still living with her parents. So since my son is enrolled in his 2nd senior year of school the girlfriends father decided to file for support. I feel this is wrong. The child support guidelines should have a limit of age school or not.

I see. Does the person have a guardianship or some sort of right to custody of your son? If not, on what basis is he seeking child support?
Customer: replied 4 years ago.

just the fact that my son is living with him. he has no custody. The girlfriends father has actually opened up a case on me and his father. Beacause my son isnt living with either one of us only with his girlfriend in her fathers home. I guess he is claiming that he is living there so therfore Im supporting him and oh he is still in school so your paying me childsupport.

I don't think there is any legal standing for him to ask for support and that you may be able to get the case dismissed on that basis. But in either case, you can argue that the son has voluntarily left your house. He is emancipated. Because of that, there should be no support order in any case. A "child" cannot simultaneously have the authority to leave the house (a decision for an adult, otherwise he is just a runaway), and also claim the need to be supported financially.

See the code here:

it reads, in relevant part with regard to emancipation: (e) Within six months prior to the date a child who is the subject of a child support order reaches eighteen (18) years of age, the domestic relations section shall issue an emancipation inquiry and notice to the obligee, with a copy to the obligor, seeking the following information:

(1) confirmation of the child’s date of birth, date of graduation or withdrawal from high school;

(2) whether the child has left the obligee’s household and, if so, the date of departure;
Customer: replied 4 years ago.

so what your saying is my son can not jump around from one resident to another resident and still claim support just because he is still in high school. Because this is what is happening in my case. when he left his fathers home he went to his biologicals mothers house (keep in mind she signed off legal rights) she filed support against me the adoptive parent and his father and started recieving support. Now my son moved out of her house (biological mothers) and into his girlfriends home to which she still lives with her parents and my son moved in with her because he has her pregnant. Now you see why Im so confused.

Some sort of legal custody should be a prerequisite for child support. So I am also confused as to how the biological mother was able to get a support order in that case. That said, he is 19 now, and very near the end of any obligation you would have (about 6 months until the school year is over). You should just argue that the child is emancipated and any order of support should be terminated. Apparently he is making his own decisions at this point, and he is 19, he should be recognized as an adult.
Customer: replied 4 years ago.


Good luck!
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