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If my son’s father files a petition to have child support…

If my son’s father files...
If my son’s father files a petition to have child support taken away from me, and directly given to our now 18yr. old son - can a judge approve this without me even being notified, let alone given the chance to fight this? I have an abusive, unstable, etc., etc. mother who told him that I refuse to use the child support to pay for what my son needs - just because I won’t turn the money over to her - and so, this is why he’s trying to get the child support taken away from me. I already spoke to a lawyer who told me that this wasn’t possible, as well as a woman at the Child Support Hotline who told me the same thing. However, both my mother AND my son’s other grandmother each have a lawyer who told them that a judge would grant this - just based on their allegations, and the fact that my son is now 18 - how do you explain this? Is this really possible?!
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Answered in 24 minutes by:
10/6/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,882
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Not if the child is living with you and you are supporting them.The support goes with the child if he lives with and is in college.If you are using the money for the child here I see no need to change this.You can certainly appear and argue against it.He has the burden here to convince the judge that there is a need for change and it does not appear he has facts to support here.I would stand your ground and argue motion be denied.

I appreciate the chance to help you, sorry you are having to deal with this.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 10 months ago
Thank you, ***** ***** appreciate your help. I have one more question: I HAVE been using the Child Support to support my son; however, he is not living at home with me - he is now at college in Indiana, while I am in New York - I obviously still count on the child support money, should he need me to send him food, clothing, toiletries, etc. Does this make the difference? Would the fact that my son is away at college, automatically cause the judge to take it away from ME, and send it directly to HIM? Both the other attorney that I spoke with AND the Child Support Hotline told me that judges NEVER turn child support over to the actual child. The Child Support Hotline told me that they’ve only heard of 3 possibilities - a modification to INCREASE the support, a modification to DECREASE the support, and a modification to TERMINATE the support - but they told me that he would need legal documentation showing proof that the money wasn’t going towards my son, in order to even TRY to get the support terminated...?

Sure if you can show you are spending on child here you should not have problems or a change.

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Thanks again and thanks for rating 5 stars.

RayAnswers
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