Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

The child is now 18 and just graduated high school, his mother is in j…

Customer Question
The child is now 18...
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: 3 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
6/23/2015
Family Lawyer: ScottyMacEsq, Lawyer replied 3 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,165
Experience: Licensed Texas General Practice Attorney
Verified
Thank you for using JustAnswer. I'm sorry to hear about your situation. Can you tell me what state this is in?
Ask Your Own Family Law Question
Customer reply replied 3 years ago
Massachussetts
Family Lawyer: ScottyMacEsq, Lawyer replied 3 years 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.
Ask Your Own Family Law Question
Family Lawyer: ScottyMacEsq, Lawyer replied 3 years ago
As far as her keeping the child support...
Ask Your Own Family Law Question
Customer reply replied 3 years ago
that is where my concern lies is with the child support
Family Lawyer: ScottyMacEsq, Lawyer replied 3 years 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.
Ask Your Own Family Law Question
Family Lawyer: ScottyMacEsq, Lawyer replied 3 years 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!
Ask Your Own Family Law Question
Family Lawyer: ScottyMacEsq, Lawyer replied 3 years ago
Did you have any other questions before you rate this answer?
Ask Your Own Family Law Question
Family Lawyer: ScottyMacEsq, Lawyer replied 3 years ago
Hello?
Ask Your Own Family Law Question
Family Lawyer: ScottyMacEsq, Lawyer replied 3 years 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)
Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 18,165
18,165 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

ScottyMacEsq 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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

18,165 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Florida child support question. Florida. It's regarding
It's regarding payment continueing after child has turned 18 and has already graduated.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am paying child support in state of iowa usa. there is no
i am paying child support in state of iowa usa. there is no divorce decree. and no involvement with gov such as welfare, no back child support due. Son just graduated high school is going to attend a … read more
LegalGems
LegalGems
Juris Doctorate
12,788 satisfied customers
I just read your post from 3 years ago about guidelines to
I just read your post from 3 years ago about guidelines to end child support. I understand them. My question is this: I just got child support after 12 years of raising my kids without any help. My ol… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
A woman, now 18 years, one month old wants to file a claim
A young woman, now 18 years, one month old wants to file a claim for child support. Her mother had her out of wedlock had AG do a siliva swab test of father years ago and to her surprise test result w… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
I have a daughter that's 20. Her dad hasn't paid child
I have a daughter that's 20. Her dad hasn't paid child support in years. I'm in Oklahoma. The original court order was issued in OK county. To my knowledge, there's no statue of limitations for child … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
You were wonderful in helping me once before so I had
You were wonderful in helping me once before so I had another question for you. My boyfriend is in a time-sharing/custody battle with his ex-wife for their three children. One of the children turned 1… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I am looking for assistance in regard to my situation with
I am looking for assistance in regard to my situation with my Son. My son has just recently turned 18. Over the course of years, i have had full custody of my son because my ex husband was tried and c… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
An 18-year-old child of divorced parents (with joint custody),
An 18-year-old child of divorced parents (with joint custody), in the State of North Carolina, wants to move out of both houses and live with his girlfriend's family. He is still in high school and is… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
Divorced in 2000. Court paperwork says I am responsible for
Divorced in 2000. Court paperwork says I am responsible for Tuition costs for child. Child is now 18 years old and getting married in August. Two questions....if child claims himself as dependent and … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
In my recent divorce settlement, I was awarded child support
In my recent divorce settlement, I was awarded child support since my son wants to stay with me full time. His mother is supposed to pay me $500 the first of every month. The actual text on the court … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
My daughter (16) brought home a friend (18) because the girl
My daughter (16) brought home a friend (18) because the girl was asked to leave her parent's house (mother & step-dad). Bio dad is paying child support to the mother for 4 kids including the 18 year o… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My child, who lives in Kansas, is now 18 and graduating from
My child, who lives in Kansas, is now 18 and graduating from high school next month. Is there any way he or his mother can get his child support extended through college? Compounding this is the fact … read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
I have full physical custody of my three sons, since they were
I have full physical custody of my three sons, since they were 6, 5 and 2. Their mother sees them on weekends. My 17 year old son will turn 18 in Feb., however, he is still a Junior in Highschool. He … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
My son just turned 18 2 days ago, he is angry that his father
My son just turned 18 2 days ago, he is angry that his father never paid child support or came around, I live in Florida now but met his father in California where he still lives, he was violent and p… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
My 17 year old son is a junior in high school in Texas. As
My 17 year old son is a junior in high school in Texas. As a single mother without a father involved, I can not get him to attend school everyday. I believe he has missed 19 days this school year; 4 o… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
my husband and i live in California and he pays child ...
my husband and i live in California and he pays child support, he was never married to the mother of his child,my question is once his child turns eight-teen will he still have to pay if she attends c… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
My step-daughter is about to head-off to college. She has ...
My step-daughter is about to head-off to college. She has lived with her mother (custodial parent) and me and her father (noncustodial parent) has been paying child support. If she gets an apartment, … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I have taken in my daughters 18 yr. old boyfriend who ...
I have taken in my daughter''s 18 yr. old boyfriend because he was having problems at home and my daughter was being harrassed by the step-sisters when she would go over to visit. Her boyfriend got fe… read more
Walter
Walter
Just Answer Consultant
6,024 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