Legal Question in Family Law in California
I am currently paying child support for my 17 yr old son who lives in california, up until the 19th of May 2010 my son lived with his father, since May 19th 2010 he has not been living in the house with his father, his father has kicked him out of the house. However the father is still collecting the support and cashing the checks, I have confronted his father stating I know he has kicked him out and is still collecting the support, his response to me is that he and my son have an arrangement. I have asked my son and he says there is no arrangement, his father is not giving the support to him since he kicked him out of the house. What legal action can I take
2 Answers from Attorneys
As long as the support order stands, you are responsible for the support. IMMEDIATELY file a motion for change in support based upon these changed circumstances.
Doug
www.michielawfirm.com
The father is entitled to receive the support as long as the order stands. There need not be any arrangement between son and father as they support is not paid to the son. It is meant to assist the father in raising the son. If the child no longer lives with the father, father is no longer justified in claiming support, so absolutely get a court order to change this. There is no other way to legally avoid the order now in effect. As the son is now 17, you should also note that probably NO support payments are due when he becomes 18.
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