Suing parent for child support?

[LittleChickenLady]

Quote:
They were married, and they divorced and he left. He was supposed to pay support, and didn't. Then he had a warrant out on him for not paying.. He moved to North Carolina and I only saw him twice (literally) growing up.
Now he's living with his fiancee here in Indiana, but several hours away from me. He has a job, a car, and a house (even though that is hers).

 

[LittleChickenLady]

Quote:
Thank you.

 

[Sonoran Silkies]

Quote:
They were married, and they divorced and he left. He was supposed to pay support, and didn't. Then he had a warrant out on him for not paying.. He moved to North Carolina and I only saw him twice (literally) growing up.
Now he's living with his fiancee here in Indiana, but several hours away from me. He has a job, a car, and a house (even though that is hers).

If the house is hers, it cannot be considered part of his assets, however, his salary/wages can be garnished, and depending on the value of the car, you might be able to get a lien placed on it--be careful with that as you don't want him unable to work, which means his wages cannot be garnished.

 

[rufus]

Quote:
They were married, and they divorced and he left. He was supposed to pay support, and didn't. Then he had a warrant out on him for not paying.. He moved to North Carolina and I only saw him twice (literally) growing up.
Now he's living with his fiancee here in Indiana, but several hours away from me. He has a job, a car, and a house (even though that is hers).

If the house is hers, it cannot be considered part of his assets, however, his salary/wages can be garnished, and depending on the value of the car, you might be able to get a lien placed on it--be careful with that as you don't want him unable to work, which means his wages cannot be garnished.

It seems to be pretty common that people with judgements against them keep their assets in the name of a friend or lover. This can get to be real nasty when the person holding the assets dies or moves on emotionally.

Good luck,

Rufus

 

[Chickerdoodle13]

Quote:
Thank you.

I have to agree with this post. Legally the money is yours. The reason it goes to the parent is because the child is under 18. It's sort of like the executor of a will for children under 18. Everything in the will is still yours that was left to you, but it is up to the executor to see that you get it and to handle any other issues that may arise. Child support (In most states) is similar.

 

[Sonoran Silkies]

Quote:
If the house is hers, it cannot be considered part of his assets, however, his salary/wages can be garnished, and depending on the value of the car, you might be able to get a lien placed on it--be careful with that as you don't want him unable to work, which means his wages cannot be garnished.

It seems to be pretty common that people with judgements against them keep their assets in the name of a friend or lover. This can get to be real nasty when the person holding the assets dies or moves on emotionally.

Good luck,

Rufus

In a community property state, this is trickier (if married). Generally, anything acquired during marriage is equally owned by both parties, with the exception of inheritances or gifts, and they become community property if co-mingled with assets that are community property. Inherit money and deposit it in an account that holds money acquired from employment, tax return, sale of something, etc., and even if the account is solely in the name of the heir, it becomes community property as hte other money there is community property.

 

[Britney]

A child can emancipate him or herself if child can prove self support. Some states even go as far as allowing a child to divorce their very own parents. In your case I would seek the help of an attorney as well as therapy. It really seems like this has taken its hardship on you but with proper support you can get through this matter and make sure that you do not become your parents in the event that you choose to become a parent. Good luck honey and try to find a way to just be thankful that you did have your grandparents.

 

[rufus]

Quote:
It seems to be pretty common that people with judgements against them keep their assets in the name of a friend or lover. This can get to be real nasty when the person holding the assets dies or moves on emotionally.

Good luck,

Rufus

In a community property state, this is trickier (if married). Generally, anything acquired during marriage is equally owned by both parties, with the exception of inheritances or gifts, and they become community property if co-mingled with assets that are community property. Inherit money and deposit it in an account that holds money acquired from employment, tax return, sale of something, etc., and even if the account is solely in the name of the heir, it becomes community property as hte other money there is community property.

Yes, given that the person in question marries again. Usually, they don't. There is no common law marriage in Arizona now. I am not sure about the laws of the state of the original poster. She needs a lawyer. Most legal help is well worth the money you pay for it.

Rufus

 

[Momagain1]

I truly think it is different in EACH state...

In IL; my daughter is 20 and I STILL get the occasional support payments and confiscated IRS returns from my ex husband
for the back ordered child support.

My daughter receives nothing and is out on her "own" so to speak...

The moneies come to me for "reimbursement" of the $ I put into taking care of her, that he had been orderd to pay.