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  1. #1
    Join Date
    Sep 2007
    Posts
    3

    Default Child No Longer In School

    This past August, my pregnant step-daughter (PSD) was given permission by her mom to live with her boyfriend and his family. The PSD was initally kicked out of her mom's home, but the mom has now agreed to let her live with the boyfriend. The mother is refusing to give the PSD any of the child support money for her use and has told us that she and her husband need the money to pay their bills. They are so strapped for cash that he is having to reenlist in the military, so she can go to college and work part-time.
    Last Friday, the mother wtihdrew the PSD from high school because she wants to get her GED. As of today, she is still not attending school and is still looking at options for the GED.
    Since the PSD is not legally enrolled in school, are we still obligated to pay child support? The child support order is pretty standard - and according to it, the child must be enrolled in high school etc. Do we need an attorney to go back to court, or is there a form we can present to the judge ourselves?

    We all live in Texas and the PSD is 16.

  2. #2
    Join Date
    Feb 2007
    Posts
    2,032

    Default Re: Child No Longer In School

    Quote Quoting 3269
    View Post
    This past August, my pregnant step-daughter (PSD) was given permission by her mom to live with her boyfriend and his family. The PSD was initally kicked out of her mom's home, but the mom has now agreed to let her live with the boyfriend. The mother is refusing to give the PSD any of the child support money for her use and has told us that she and her husband need the money to pay their bills. They are so strapped for cash that he is having to reenlist in the military, so she can go to college and work part-time.
    Last Friday, the mother wtihdrew the PSD from high school because she wants to get her GED. As of today, she is still not attending school and is still looking at options for the GED.
    Since the PSD is not legally enrolled in school, are we still obligated to pay child support? The child support order is pretty standard - and according to it, the child must be enrolled in high school etc. Do we need an attorney to go back to court, or is there a form we can present to the judge ourselves?

    We all live in Texas and the PSD is 16.
    Why hasn't dad file for emergency custody?

  3. #3
    Join Date
    Apr 2007
    Posts
    541

    Default Re: Child No Longer In School

    Tx Family Code:

    154.001. SUPPORT OF CHILD. (a) The court may order
    either or both parents to support a child in the manner specified by
    the order:
    (1) until the child is 18 years of age or until
    graduation from high school, whichever occurs later;
    (2) until the child is emancipated through marriage,
    through removal of the disabilities of minority by court order, or
    by other operation of law;
    (3) until the death of the child; or
    (4) if the child is disabled as defined in this
    chapter, for an indefinite period.
    and:

    154.006. TERMINATION OF DUTY OF SUPPORT. (a) Unless
    otherwise agreed in writing or expressly provided in the order or as
    provided by Subsection (b), the child support order terminates on:
    (1) the marriage of the child;
    (2) the removal of the child's disabilities for
    general purposes;
    (3) the death of:
    (A) the child; or
    (B) a parent ordered to pay child support; or
    (4) a finding by a court that the child:
    (A) is 18 years of age or older; and
    (B) has failed to comply with the enrollment or
    attendance requirements described by Section 154.002(a).
    (b) Unless a nonparent or agency has been appointed
    conservator of the child under Chapter 153, the order for current
    child support, and any provision relating to conservatorship,
    possession, or access terminates on the marriage or remarriage of
    the obligor and obligee to each other.
    I second Bay's question. Why hasn't Dad filed for custody of this minor child?

    Alternatively, Dad will have to convince the court that his daughter is legally emancipated.

    How old is the PSD?

  4. #4
    Join Date
    Sep 2007
    Posts
    3

    Default Re: Child No Longer In School

    Thank you for your replies.
    The child is 16. About 3 years ago, May 2004, the ex-wife took us back to court to have primary custody of the child. The child spoke with the judge privately, and something she said to him convinced him to grant the wife primary custody. We believe it was something along the lines of emotional abuse from our side of the family - this was also the time that the child started having a lot of behavior issues - smoking, drinking, and running away. The child and my husband have since discussed why she was so angry with him - we wanted her to move in with us and live by our set of rules, but she wanted to freedom of her mother's home. My husband has the following rights, according to the latest court document: right to pay child support and the right to know about school and medical issues.

    The child has told both her mother and my husband that she doesn't want to live with either one of them. She ran away this past spring for 21 days and is threating to do that again if she is made to live with either one of them. At this point, we are all tired of the drama!!!!

    So even though the child has essentially dropped out of high school, we still have to pay child support?
    If that's the case, is there a way to get the money directly to the family she lives with? Right now the money is still going to the ex-wife and she has refused to give a dime to the child, despite requests from us, the child and the family she lives wife. The child currently works part-time at Pizza Hut and helps pay for her living expenses at her boyfriend's house.

  5. #5
    Join Date
    Sep 2007
    Posts
    5

    Smile Re: Child No Longer In School

    In Washington, the state I live in, you would have to request a hearing with the office of child support and show proof (i.e. request daughter to attend hearing, notarized letter from family where she resides, etc.) to show that she is no longer living with the mother. Before doing this I would call the office of child support and make sure that this is the process that you need to go through to get the payments processed to the right family.

    If this is not the route for your state, going to court and doing a modification is the next best thing. Washington State has the documents online on their court website. Here are some helpful links:
    http://www.washingtonlawhelp.org (look in the child support section)
    http://www.courts.wa.gov/forms

    In Washington state if the custodial parent is on state or federal assistance then the child support office is supposed to be more ruthless in their actions toward the non-custodial parent. I don't know what your state's child support office's agency requirements are.

    Another option is to see if you can get your daughter emancipated and be in charge of her own support money.

    I hope your family can find freedom, peace, and healing in these matters.

  6. #6
    Join Date
    Feb 2007
    Posts
    2,032

    Default Re: Child No Longer In School

    Quote Quoting Mermaid3193
    View Post
    In Washington, the state I live in, you would have to request a hearing with the office of child support and show proof (i.e. request daughter to attend hearing, notarized letter from family where she resides, etc.) to show that she is no longer living with the mother. Before doing this I would call the office of child support and make sure that this is the process that you need to go through to get the payments processed to the right family.

    If this is not the route for your state, going to court and doing a modification is the next best thing. Washington State has the documents online on their court website. Here are some helpful links:
    http://www.washingtonlawhelp.org (look in the child support section)
    http://www.courts.wa.gov/forms

    In Washington state if the custodial parent is on state or federal assistance then the child support office is supposed to be more ruthless in their actions toward the non-custodial parent. I don't know what your state's child support office's agency requirements are.

    Another option is to see if you can get your daughter emancipated and be in charge of her own support money.

    I hope your family can find freedom, peace, and healing in these matters.
    The OP is in Texas.

  7. #7
    Join Date
    Sep 2007
    Posts
    5

    Smile Re: Child No Longer In School

    Quote Quoting Baystategirl
    View Post
    The OP is in Texas.
    Thank you!

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