I live in California and will be turning 18 in January 2009. I want to know if I will still be able to get my child support. I know I need to be going to school at least part time to get the child support. Do I still have to live with my mother? Will the child support checks now be sent directly to me? Is there a set amount of classes or credits I need to take or earn to continue getting the support? Or can I just take a class and I'm eligible? Where can I go to find out information about this?
My brother left for college and my mom says he got his child support.. but I don't know if she's lying or not. Can I leave home, go to school and get my child support checks sent directly to me?

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Originally Posted by adawn

I live in California and will be turning 18 in January 2009. I want to know if I will still be able to get my child support. I know I need to be going to school at least part time to get the child support. Do I still have to live with my mother? Will the child support checks now be sent directly to me? Is there a set amount of classes or credits I need to take or earn to continue getting the support? Or can I just take a class and I'm eligible? Where can I go to find out information about this?
My brother left for college and my mom says he got his child support..but I don't know if shes lying or not. Can I leave home, go to school and get my child support checks sent directly to me?

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What does your parent's support agreement say about child support?

The California child support site says: "In most cases, according to law, child support ends when your child reaches age 19 or age 18 and is no longer a full-time student at an accredited high school, whichever occurs first."

It says nothing about going to college.

I have never seen the child support sent directly to the child - it continues to go to the custodial parent. College expenses should have been covered in the Order which awarded support to the custodial parent.

Um child support is not for you it is for your mother to raise you with. So, if by chance the support would continue when you are a full time college student then she would get the money and she could choose to give you some or all but you would personally not get anything just like now the money is your mothers.

First unless you mom gives you the support, you don't get it, the support is to your mom, not you. You will not get it directly from your dad. Next unless the agreement your mom has states it goes though college, it stops at the end of high school and/or 18.

As stated earlier the only way you can get child support beyond 18 if it states so in the order.

The only way you can get it directly is if your mother agrees to give it to you or you will have to ask the court for a judgment changing the person to whom the support is to be paid. In these cases the courts are generally reluctant to order that support be paid directly to an adult child when she still lives with her parent and her parent continues to subsidize her living expenses.
Keep in mind if it is granted you must be a full-time student and not living at home. There have been cases where the adult receives child support payments directly

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Originally Posted by liz28

Keep in mind if it is granted you must be a full-time student and not living at home. There have been cases where the adult receives child support payments directly

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Could you post one or more of these cases? My research indicates that child support is for the purpose of providing a permanent home for the child, not for living away from home college expenses - it could be different in other States.

Can't find a case where an adult has received child support payments directly.

I have friends that are lawyers that specialize in family law and they advise me that adult child can receive child support payment if it is order so by a judge that they receive it beyond the age of 18 and the judge must order that it is sent directly to the child. I not going to take over another people thread to prove a point.

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Originally Posted by liz28

I have friends that are lawyers that specialize in family law and they advise me that adult child can recieve child support payment if it is order so by a judge that they receive it beyond the age of 18 and the judge must order that it is sent directly to the child. I not going to take over another people thread to prove a point.

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We're both in NYS - I can't find any of these cases. You wouldn't be taking over the thread. You would be answering a question.

I cannot find a case where child support was ordered paid directly to someone at College - I certainly find cases where the custodial parent forwards the support to the child but direct payment is not a provision of NYS Family Law.

Would your Attorney friends please just give you a citation - no need to even mention names. If I am incorrect I would like to be corrected so I don't give incorrect info in the future.

Here is my specific problem - the poster specifically asks about Child Support over Age 18 in Caifornia. You have responded with what your Attorney friends have told you - maybe they're in California, maybe not. In realize you are in NY. Maybe you called California and asked your friends - I don't know.

There is most definitely not ONE answer that fits all States. If you look at what the "experts" post - and not just people with that title. There are people posting on here who for whatever reason are not designated "experts" but know what they're talking about, who are well respected, who are ASKED to come to the board and take a look at a question - and they always preface their postings with "In California, In Indiana, In Ohio, In Pennsylvania -" (with apologies to anyone I've left out) and that's what gives them credibility and earns respect.

A blanket "my Attorney friends told me" just doesn't address the situation or answer the question.

You specifically have a tendency to always have a friend in that same situation - whether it be a stripper (from another thread) or this question or something else - but no substance beyond that and nothing specific to NYS.

I commented on the fact that it was stated that an adult child cannot receive their child supp payment directly and never stated what state. That's a question that I ask the people that I know who are lawyers that specialize in this field, who happens to be busy people, however when I do get together with them I will ask.

{personal attack edited out-<>}

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Originally Posted by liz28

I commented on the fact that it was stated that an adult child cannot recieve their child supp payment directly and never stated what state. That's a question that I ask the people that I know who are lawyers that specialize in this field, who happens to be busy people, however when I do get together with them I will ask.

{personal attack edited out-<>}

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When you talk to your Attorney friends read this to them:

"What does your parent's support agreement say about child support?

The California child support site says: "In most cases, according to law, child support ends when your child reaches age 19 or age 18 and is no longer a full-time student at an accredited high school, whichever occurs first."

It says nothing about going to college."

The rest of the question is moot.

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Originally Posted by liz28

I commented on the fact that it was stated that an adult child cannot recieve their child supp payment directly and never stated what state. That's a question that I ask the people that I know who are lawyers that specialize in this field, who happens to be busy people, however when I do get together with them I will ask.

{personal attack edited out-<>}

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I edited out your, unfounded and unnecessary personal attack.

What you fail to understand here is that this is a LAW board. Therefore, our answers need to conform to the existing law. Judy was not challenging you, but requesting that you educate her. If she hadn't beat me to it I would have have done the same. If you make a statement here, you need to be prepared to back it up with facts. If you have attorney friends who provided you with information, then get them to provide you with something to back up that information. Myself, Judy and others asnwering questions here want to provide the most accurate information possible. If there is something we are unaware of then we WANT our mistake to be corrected. But if something goes against what we believe are the facts, we need to have proof before we change our advice. That's all Judy was asking here.

It seems you have some chip on your shoulder about this and that's not going to be welcome here.

Scottgem, my friend email me this link regarding what I state eariler about an adult child receives their child support directly and will give me more during the week. It just that she be busy because she has her own practice in family law.
Nelson v Nelson 2005 NSSC 5, published at canlii.org/en/ns/nssc/doc/2005/2005nssc5/2005nssc5.html

I will post another when I receive it with her.

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Originally Posted by liz28

Scottgem, my friend email me this link regarding what I state eariler about an adult child receives their child support directly and will give me more during the week. It just that she be busy because she has her own practice in family law.
Nelson v Nelson 2005 NSSC 5, published at canlii.org/en/ns/nssc/doc/2005/2005nssc5/2005nssc5.html

I will post another when I receive it with her.

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This case is not on point - your friend must not have understood the question. First, this is a Nova Scotia (Canada) case and I thought we were discussing US law.

Second, this is a case for retroactive child support as well as college expenses - it isn't about can child support be paid to the child instead of the mother. In fact, it's a whole new action with the AMOUNT of support as its basis, not the way support is paid.

If someone would like to read it and correct me if I'm wrong, I'm open to hearing it. In the meantime, I read the whole decision.

The original question was payment of child support in California. I continue to be unable to find any law in California which states the child can receive the support directly instead of it being forwarded by the custodial parent.

She did misunderstand and will send me links from the USA. I didn't even read it but once I did I gave her a call. I was going erase it but it's too late. Thank You

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Originally Posted by liz28

She did misunderstand and will send me links from the USA. I didn't even read it but once I did I gave her a call. I was going erase it but it's too late. Thank You

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No problem - I'm really interested in seeing what she can cite. I very well may have been giving incorrect information.

You may want to take another look at the "ignore" feature as it is not working.

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Originally Posted by liz28

She did misunderstand and will send me links from the USA. I didn't even read it but once I did I gave her a call. I was going erase it but it's too late. Thank You

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I'm just giving this a push because I am interested in case law on this subject.

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Originally Posted by JudyKayTee

I'm just giving this a push because I am interested in case law on this subject.

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I forgot all about this thread

I called my friend but she didn't answer her phone but when I get in contact with her I will again ask her.

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Originally Posted by liz28

I forgot all about this thread

I called my friend but she didn't answer her phone but when I get in contact with her I will again ask her.

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Neither one of us owns the board, we both post in the same places, apparently we are both experienced in the same things so we are going to run into each other.

I don't see how it's bothering you when you leave a thread open pending some additional information you are obtaining, time goes by and there is no follow up. Threads are "tweaked" all the time.

Understand neither of us own this thread however I did forget about it because I am preparing for a wedding and a baby. Under "How we look we look and why it's so important" in other family and friends under family and friends you posted I am stalker you on this site and had others members thinking so, which was untrue. I even responsed to what you said and it was somewhere around the last 5 pages.

Today, besides calling my friend, I sent her an email. Once she give me the information I'll post it.

Yes over all, all case law that I have seen always give the support in the US, to the mother, since the child support agreement is between mother and father, they are the parties of the support,