Child support follows the child? (TX)
My stepdaughter, age 18, is flunking out of a large high school in her senior year. Her aunt, on her mom's side, has agreed to take her in so she can be in a smaller town with a smaller high school and hopefully, do better. Of course, my DH and I believe this is a ploy to get closer to her boyfriend, a high school dropout, who happens to live in this same small town.
In any case, we've asked an attorney to review the "power of attorney" that must be granted from the parents to the aunt and to weigh in on other implications. Our assumption is that the child support ($1200/month) will follow the child and be granted to the aunt each month. My DH's ex is hoping the child support remains with her so she may "mantain the home," etc. Any ideas or experience with this?
In TX, child support continues until the child graduates from high school, regardless of the fact she is already 18. I also wonder if a power of attorney may be executed since she is 18.
We await the attorney's review, but I am hoping the collective wisdom on this board will weigh in, too! Thank you!
According to the Texas Law
According to the Texas Law Practice, "Only biological and adoptive parents are required to support children. Other persons who have custody can receive support"
Technically, both BP's should support SD, according to Texas law (if it's followed & BM's butt isn't kissed by the courts). Whoever has the "child" should be getting monthly CS payments. In order for both parents to be held responsible, a modification through the court would be necessary.
According to the OAG's website, "A separate child support case will be opened with each noncustodial parent (mother and father), even if one or both parents live in the same household."...meaning that BOTH parents are expected to pay if neither is caring for their child as the CP.
The BM should simply man up & send the CS to her sister who is caring for her (BM's) child. You could go through the OAG & have the payee changed to the aunt but you may need a CO for that too (my brother's CS case was messed up because the OAG wouldn't stop paying his X CS even though HE had the kids, because he had to have a CO with the new custody arrangements).
BM keeping the money is an effing joke! This "child" is no longer going to be living with her so her "maintaining the home" is NOT your DH's problem any longer. His concern should be that his XSIL doesn't go broke caring for his & BM's flunking 18 year old.
Good luck!
Why is he continuing to
Why is he continuing to support the kid? Hmmm...let's see...1st. mom and dad have right to have kid 2.idiot mom wants kid to live with sister? great... 3. dad should ask for CUSTODY let's see how quickly that changes the plans...if a judge doesn't agree, then he needs to emancipate this flunking kid
Last time I spoke with the idiots at CSE they stated that the child had to live with the mother in order for her to receive cs...if she didn't live with her, the mother was NOT entitled to CS, but the person she was living with could sue for CS...which of course, at that point, I'd say, "file for custody" and if the kid doesn't want to live with you, because at the end of the day, she just wants to be closer to boyfriend, then have her emancipated and stop support.
It is outrageous and ridiculous that these kids of divorce can do as they please and parents must continue to support them...if they were in intact marriages, they wouldn't get another penny from the parents.