Child Support Fraud

[LoonLover]

Is there a law some where that states you don't have to continue to pay child support if the said child doesn't live with the custodial parent? Child does not go to school and has a full time job. He is 16. Also, what if the custodial parent has recieved a large inheritance? This is not the first time that the child has moved out, my husband continues to pay every month. How can we stop it?

[LawResearcherMissy]

The custodial parent's inheritance is completely irrelevant. Child support is predicated on BOTH parents being financially responsible for their offspring, even if the custodial parent does not "need" the financial contribution of the non-custodial parent. The custodial parent's continued acceptance of court ordered child support after inheritance does not constitute fraud.

Child support generally continues until the child reaches 18 years, graduates from high school, is emancipated (no longer lives with either parent), or, in some cases, for an extended period such as college attendance. The amount and continuation of support may be changed by the court upon application of either party depending on a proved change of circumstance of the parents or child

.

Please understand that "emancipated" does not mean "the child moved out of his own accord", but rather, "the courts have legally declared this person an adult prior to reaching the age of majority".

[Xena]

Is there a law some where that states you don't have to continue to pay child support if the said child doesn't live with the custodial parent? Child does not go to school and has a full time job. He is 16. Also, what if the custodial parent has recieved a large inheritance? This is not the first time that the child has moved out, my husband continues to pay every month. How can we stop it?

Who does the child live with? If it is another adult, you can file to modify the support, asking the court to order that payments be made to whatever adult is responsible for the child. You'll also need to have the custody order modified at the same time.

You should get a consult with a local attorney to find out if filing is feasable at this point.