I am 18 and I want the child support my mom is getting and her husband is spending!!?

by **burdett** » Sun Jul 22, 2012 3:46 am

I am 18 obviously and my birth father is paying back child support to my mom. He is paying it for me and my two minor sisters. I am living with my aunt and so are they since her husbands family caused us to be homeless. I just asked my mom to use $5 of the child support meant for me and she told me no and that her husband was using it to put gas in the car. I do not go anywhere unless it is with my aunt so the whole "You use the gas so you can help pay for it" is out of the equation. The money is meant for my use not her husband. Oh, and as for the "It belongs to her because shes supported you for 18 years" She owes me $600 that she spent using my credit card. Plus I have worked and given her money instead of the other way around for the past 2 years. I payed the bills and a few loans payments she had due. I feel it is wrong for her to let her husband spend money entitled to me. Tomorrow I am calling my local Child Support place and seeing if I can get my share of the money sent to me. Dont go pulling the whole "Oh shes homeless too and may need the money blah blah blah" By law being 18 I can sue my birth father for all of the money but he is making payments after 10 years of not paying so I aint gonna go there. Any advice??

by **jolie95** » Sun Jul 22, 2012 3:50 am

Back child support is to pay your mom for when he owed it to her. It NEVER goes directly to the child. You have no legal right to it.

Money she owes you is between you and her. The child support is not owed to you. It is owed to her. Debt she owes you is in no way related to debt your bio dad owes her. That is like the car company trying to take your rent money. That money is not entitled to you, it is back support.

"By law being 18 I can sue my birth father for all of the money"

Someone told you a huge lie. You cannot and and could not ever sue him for child support. Period. Call the county courthouse family court division, they will be happy to explain how it all works to you.

by **unss94** » Sun Jul 22, 2012 3:57 am

I hope you get some help from the local child support place. If your mother spent $600 on your credit card she should give you that money ASAP plus pay for any interest the credit card charges you. (btw, don't ever let her do that again) If the living situation is that toxic the best thing you can do for yourself is get out of there and away from your mother and her husband.

by oz » Sun Jul 22, 2012 3:58 am

Legally I think that any back child support she is getting goes to HER and only her. It doesn't go to you or your siblings. That is the law. She already spent the money on you, raising you. So she is now getting paid back by your dad for all those years. That is the law.

You should take your mother to small claims court if she owes you 600 dollars and won't pay it back. It doesnt cost much to file. Go down to your local court and ask about filing a small claims case. Sue her. That is the only way to get your money back. You do NOT need a lawyer for small claims. Simply bring in a copy of the credit card statement showing her charges and bring any evidence you have (text messages, emails, voice mails, a witness) to court with you when you go.

by **advent** » Sun Jul 22, 2012 4:08 am

Just wanted to say, not sure where the other answers are getting their legal information, but adult children can sue for back child support, but only if the custodial parent never did. My mom refused to bother with it, but when my brother turned 18 and I was 20, we did it since it was $380000 by then. It's now paying the last of his college, covering my medical bills from a few years ago, and we gave the remainder to our mother to pay off the lean on her house that was his fault.

Unfortunately, your mom has already set up for the payments and claimed it herself so you cannot claim it. However, you do need to take her to court over the money she owes you. She is quite selfish.

by **hillocke** » Sun Jul 22, 2012 4:20 am

Actually, you said it's back support. So it's reimbursement for the years she supported you without your father's help. It's not meant for you after the age of 18. It's meant for the expenses you incurred prior to the age of 18. In this case, it's just reimbursement since she did it alone and covered his share.

You might be able to she your mother for the money on the credit card. Not for any financial help you gave before you were 18, though as the money you earned prior to becoming a legal adult is household money and at the parent's discretion as to how to use.

And the money due for your younger siblings for current support (not back pay) can be obtained by your aunt through the courts to assist with their current expenses.

But, seems you have this all figured out, so, no. No advice.

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