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    Tsmith09's Avatar
    Tsmith09 Posts: 1, Reputation: 1
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    #1

    Oct 3, 2012, 09:58 AM
    Mother passed away when I was 9
    My mother died when I was 9 & my aunt became my guardian. Im 22 years old and I've never receive any child support that my father sent in for me. Im not living with her. She left my senoir year of high school and is still receiving childsupport for me! What should I do??
    brachotelohai's Avatar
    brachotelohai Posts: 44, Reputation: 1
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    #2

    Oct 3, 2012, 10:11 AM
    Child support is supposed to be to help cover for costs of the child, not for you to pocket. Why is your father still sending her child support if you are over 18 and out of high school? If your aunt stopped caring for you before you turned 18 or graduated from high school, then that would be between her and the person paying the support (aka your father), and he could then take her to court for it, but unfortunately, you don't have any rights to it.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Oct 3, 2012, 10:23 AM
    Quote Originally Posted by Tsmith09 View Post
    My mother died when i was 9 & my aunt became my guardian. Im 22 years old and ive never receive any child support that my father sent in for me. Im not living with her. She left my senoir year of highschool and is still receiving childsupport for me! What should i do???

    What State? Many States are now requiring that child support be paid until the child graduates from college OR reaches a certain age, not necessarily the age of majority.

    The monies she received when you lived with her are hers - that's (in theory) how she fed and clothed you, kept a roof over your head.

    I don't know what State you are in. In NY when this happens, and it does, you sue your Aunt (or guardian) in Small Claims Court for any/all payments she received AFTER you moved out (or she moved away).
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Oct 3, 2012, 10:24 AM
    Quote Originally Posted by brachotelohai View Post
    Child support is supposed to be to help cover for costs of the child, not for you to pocket. Why is your father still sending her child support if you are over 18 and out of high school? If your aunt stopped caring for you before you turned 18 or graduated from high school, then that would be between her and the person paying the support (aka your father), and he could then take her to court for it, but unfortunately, you don't have any rights to it.

    Would you post the law on this? In my State (NY) it's between the child and the guardian and the child is entitled to any/all monies received by the guardian once she stopped housing the child.
    brachotelohai's Avatar
    brachotelohai Posts: 44, Reputation: 1
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    #5

    Oct 3, 2012, 10:41 AM
    Sorry I did not read OP's post fully, I thought she said her aunt left after her senior year of high school, and I was going by the child support order ending at age 18 or graduation from high school. Some states have child support in affect till 23, and if this is the case, then the exguardian is now taking funds that don't belong to her.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 3, 2012, 10:45 AM
    Quote Originally Posted by brachotelohai View Post
    Sorry I did not read OP's post fully, I thought she said her aunt left after her senior year of high school, and I was going by the child support order ending at age 18 or graduation from high school. Some states have child support in affect till 23, and if this is the case, then the exguardian is now taking funds that don't belong to her.

    - is and apparently has been. Now the "child" needs to sue to get the money back. The father has no legal interest - he's out the money no matter WHO he sends it to. He is complying with the Court Order.

    We also need to know when support ends because the "child" needs to stop the current arrangement.
    brachotelohai's Avatar
    brachotelohai Posts: 44, Reputation: 1
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    #7

    Oct 3, 2012, 10:46 AM
    Exactly, it's all based on location. I know in VA with the order my husband has for his son, his son's mother is required to pay child support until their son is finished with high school.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Oct 3, 2012, 11:30 AM
    Quote Originally Posted by brachotelohai View Post
    Exactly, it's all based on location. I know in VA with the order my husband has for his son, his son's mother is required to pay child support until their son is finished with high school.

    The question is how the "child" gets the money which her father is and has been sending for her support and which the guardian is keeping, even though the "child" is not in the guardian's house.

    The age is controlled by the Support Order. Orders vary. I've seen people go back and modify a prior Order so that support is paid during the college years.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #9

    Oct 3, 2012, 01:28 PM
    Also lets not forget that we don't know what kind of child support this is. Since the OP is of the age of majority the Aunt in this case could be collecting on arrears. If that is the case then the child isn't entitled to anything.
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