Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My niece just turned 18. She has a 5 month old baby and does

My niece just turned 18...
My niece just turned 18. She has a 5 month old baby and does not expect to live with the child's father. Her mother has custody and receives the child support; however, my niece wants to move in with her Dad (who is paying child support). What is the appropriate steps to take for my niece to begin receiving the child support as the divorce decree indicates my brother is to pay until she is age 19.
Thank you for pointing us in the right direction.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 minute by:
4/1/2013
Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,346
Experience: I am well equipped to handle any family law problem you might have.
Verified

meigs004 :

Hello, how are you today? So you are wondering what the best route is for the child to move in with the Father who is paying child support, and for that child support to be paid directly to your niece?

Customer:

Hello, I am doing well, thanks. Yes you have understood my question correctly.

meigs004 :

The best route to take in that circumstance is to file what is known as a petition to modify custody. The petition would seek to modify the custody arrangement to make the father the custodial parent, and the mother the non-custodial parent for child support purposes, and to name the father as the full physical custodian of the child. The act of paying the child support directly to the child is not the best route to take, as the father, if he was in fact successful in the petition, would begin receiving the child support, could pay that directly to the daughter as he receives it, if it is not necessary for his maintenance of the minor child. The child support being paid is meant for the basic care and needs of the minor child, not her and her new born, therefore, you will have an extremely hard time getting the court to award payment directly to her.

meigs004 :

Therefore, the best direction is to file the petition where the father is seeking custody and child support from the mother and the mother can pay the child support directly to the father who would then give it to the daughter for her support of her minor child.

meigs004 :

You would file it in the circuit court, and the mother would have thirty days with which to respond. Once she responds the matter will be set for a trial date.

Customer:

I think that is a good answer. I had not thought of it in those terms. I will talk with my brother and niece about this approach. If I may ask another quick question...does the fact that she has had a child emancipate her?

meigs004 :

No, it does not. The act of having a child does not emancipate the minor child. The acts of emancipation are usually limited to the child marrying, joining the military or seeking judicial emancipation.

meigs004 :

Do you have any other questions? If not, please provide a positive rating by selecting the smiley face and submitting so that I may be credited for our time together.

Customer:

ok, that is what my research indicated. I was curious if I had overlooked anything. I appreciate your help. This gives me some good talking points as we move on to our next step. Many thanks for your help.

meigs004 :

You are most welcome. Please do not forget to provide the positive rating by selecting the smiley face an submitting. Thanks and good luck to your brother and niece!

Customer:

Absolutely.

meigs004 :

Thanks. Good luck!

Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,346
Experience: I am well equipped to handle any family law problem you might have.
Verified
Meigs and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Meigs Your Own Question
Meigs
Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,346
1,346 Satisfied Customers
Experience: I am well equipped to handle any family law problem you might have.

Meigs is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My grandsons mother is trying to be the custodial parent. My
Hello my grandsons mother is trying to be the custodial parent. My son is trying to have joint custody she filed in court my son needs a lawyer … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,458 satisfied customers
The non custodial parent (has is months in arrears on child
The non custodial parent (has is months in arrears on child support) claims that he will buy our child "whatever they need" but only during his parenting time.I need help understanding this rationale … read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
My son owes $25,000 in back child support, the mother has
My son owes $25,000 in back child support, the mother has never had anything to do with the kids, the Court has stopped his payments but how does he clear the money owed, he has had sole custody for 1… read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,428 satisfied customers
Going through a post divorce child support case and need
going through a post divorce child support case and need advice about what legal documents are required to determine support … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In Texas, can child support be deducted from an inheritance
In Texas, can child support be deducted from an inheritance by the non-custodial parent who pays child support at present… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,668 satisfied customers
The mother of my children took me off child support when i
The mother of my children took me off child support when i living with her. I moved out to find a better job and so that i could be closer to my job. I want to know if it permanent. … read more
LegalGems
LegalGems
Juris Doctorate
10,165 satisfied customers
Dispute child support dept. Divorce was in indiana support
Divorce was in indiana support order is from cook county il … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I have a child support order and have been divorced. My ex
I have a child support order and have been divorced. My ex husband threatens not to pay it or pays late every month. How can I get the court to have him pay to a third party? … read more
Expert James
Expert James
Doctoral Degree
11,533 satisfied customers
What happens if after a divorce a child support order was
What happens if after a divorce a child support order was never filed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,346 satisfied customers
Custody parent loses driver license can non custody parent
custody parent loses driver license can non custody parent get or file for custody … read more
Bill Attorney
Bill Attorney
law
1,417 satisfied customers
Im in the process of divorce. Finally had child support
Im in the process of divorce. Finally had child support hearing and my ex was ordered to pay part of the mortgage in child support. Its been only a few months since it was ordered and i have been aski… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
I am the non custodial parent after a divorce, my kids live
I am the non custodial parent after a divorce, my kids live with their mother mostly, I provide health insurance for my kids, I also have an fsa acct set aside to cover out of pocket expenses. My ex-w… read more
Ray
Ray
Lawyer
Doctoral Degree
30,219 satisfied customers
My divorce states non custodial parent to pay $960/mth until
My divorce states non custodial parent to pay $960/mth until 2020 for our 4 minor children dated back in May 2012. Since then 3 children have turned 18 but still in college. Non custodial parent owes … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
My child is 19 and mother never asked for child support. is
my child is 19 and mother never asked for child support. is it too late? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
In a divorce case, in reference to child support, what does
In a divorce case, in reference to child support, what does pro rata share mean? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,754 satisfied customers
I recently filed for child support. The non-custodial parent
Hi! I recently filed for child support. The non-custodial parent is out of state. Would the child support laws be for my state or his? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A non-custodial parent is required to pay child support, but
A non-custodial parent is required to pay child support, but finds the under aged children left the custial father on their own free will and is no longer under the custodial care. can the non custodi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x