Legal Question in Family Law in Washington

help

Our 17 yearold had moved out to her moms we switched child support to her mom at that point, then our daughter got in some trouble and wanted to move back, we agreed now she got in more trouble we have now taken her option of living here away. She is staying with her best friend and her best friends Mom. We had switched the child support back to us, but want to give it to her but not be responsible for her actions. How can we become not legally responsible for her actions but still receive and give to her the child support for living expenses?


Asked on 9/26/07, 9:10 pm

3 Answers from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: help

She would have to be emancipated, but it sounds like she does not qualify: she is at least not financial independent, and there may be other issues.

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Answered on 9/26/07, 9:22 pm
Gary Preble Preble Law Firm, P.S.

Re: help

I doubt if you would be liable for her actions, unless you let her use your vehicle or did some other act of that nature that was negligent. The only legal basis I can think of does not apply to you because she is not living with you--intentional harm she may do. RCW 4.24.190, found at http://apps.leg.wa.gov/RCW/default.aspx?cite=4.24.190, states:

The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed five thousand dollars. This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence.

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Answered on 9/26/07, 10:29 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: help

Preble and Steuart have given you some good advice.

You are responsible for her conduct (to a certain extent) no matter whether she lives with you or not. See Preble's answer. He's right about that.

You run the risk that BF's Mom is going to file a third party custody action (not a huge risk) or that the State could move to have her found dependent (not having a suitable parent). If THAT happened, you would be paying support to the State.

You could consider consulting with an attorney and deciding whether you wanted to file your own petition with the state for at-risk youth (ARY) or a child in need of services (CHINS).

I can't remember which one you use when the child is not living under your roof. But it is a way of publicly acknowledging to the State that you do not condone her behavior.

The child support should not go to the child, it should go to BF's mother.

Hope this helps. Elizabeth Powell

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Answered on 9/27/07, 12:43 am


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