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YSUAREZ81 · Mar 13, 2014, 05:43 AM

I've been living in my mother's house for over 2 years, because I cannot afford to be on my own at the moment. I have my own room. I pay rent, I have a job, I buy my own food and things that I need etc. Now she wants to kick me out over the fact that we are getting investigated for welfare fraud that she is committing. She decided to get me for child support while I'm living there and my 17 year old son is too. She never told me that she was going to get help from the state until 2 district attorneys were at the door doing their investigation on me residing at the premises. How can I fight this? I don't think its fair for her to do that to me. Does it have to be official if she files the eviction thru the sheriff's dept? Because she hasn't.

Thank you

dontknownuthin · Mar 13, 2014, 05:58 AM

She can evict you. The sheriff just serves the eviction.

Fr_Chuck · Mar 13, 2014, 06:15 AM

She serves eviction though the court. But of course she can evict you.

smoothy · Mar 13, 2014, 07:40 AM

I agree with the above posters... you really have no rights.. its her place. Unless you have an unexpired written lease... you are a month to month tenant and you can be told to leave within the prescribed timelines... or action will be taken you remove you. (I.E. ending with the sherrifs putting you and your stuff out on the curb)

ballengerb1 · Mar 13, 2014, 09:23 AM

Where do you live, laws vary but she has every right to evict you.

talaniman · Mar 13, 2014, 09:41 AM

She has a perfect right to evict you and your son for any reason, according to local and state laws regarding proper notification.

Does this feud between you both have anything to do with your reporting her boyfriend for illegal activity, or was that revenge?

https://www.askmehelpdesk.com/immigr...ce-786673.html

Regardless I would sure be looking around for other living options in case she follows through with a written notice to evict you, if she hasn't already.

joypulv · Mar 13, 2014, 10:19 AM

How does your mother 'get you for child support?' I don't even get what that could mean.

Here's what will probably happen: at the very least, she will lose her welfare benefits for 2 years worth of you and your son living there. She won't be able to stay there either, I imagine. If she's thinking that if she evicts you all will be OK, I highly doubt it.
As the innocent party, I would try very hard to find out from someone other than her. And I would also hurry to look for other places to share. Your son needs to plan on working after June graduation, if he's in his senior year.

ScottGem · Mar 13, 2014, 12:56 PM

Your mother can't "get you for child support". Child support is paid to the custodial parent by the non custodial parent. If your son is living with you, then you are the custodial parent.

Your mother can evict you. It has nothing to do with fairness. If she does evict you its probably because she is being forced to because of the supposed welfare fraud. But she does have to follow the law to evict you. This means giving you written notice to vacate, usually 30 days. If you don't vacate by deadline, then she has to go to court to obtain an eviction order.

I'm also curious about your other post that tal linked to. Could this all be revenge for reporting her husband?

dontknownuthin · Mar 13, 2014, 03:36 PM

Sometimes people think that ownership of the home conveys guardianship or parenting or tax exemption rights for that person for whatever minors live there. Not so. Unless your mother was awarded guardianship of your child either by voluntary agreement with both parents or by court order, she is not the guardian and cannot claim child support, Wellfare benefits or a tax exemption for that child.

Is that what she is doing?

YSUAREZ81 · Mar 14, 2014, 06:40 AM

I live in salinas,California.
We have no lease,nothing in writing.

ScottGem · Mar 14, 2014, 06:50 AM

Doesn't matter whether you have a lease. But in CA, if you have been living in the residence for more than a year, a 60 day notice is required.

However, CA has a special designation of Lodger. And you may qualify as a lodger (California Tenants - California Department of Consumer Affairs). If you do, she can evict you without going to court.

talaniman · Mar 14, 2014, 06:52 AM

I don't know if your mom is just threatening or trying to intimidate you, or EXTORT money from you but for sure it can't be a great environment given there is so much bad and maybe criminal behavior around you.

Can you afford to pay more? If not, figure you better get some more, and better options going for yourself.

YSUAREZ81 · Mar 14, 2014, 06:53 AM

Originally Posted by dontknownuthin

sometimes people think that ownership of the home conveys guardianship or parenting or tax exemption rights for that person for whatever minors live there. Not so. Unless your mother was awarded guardianship of your child either by voluntary agreement with both parents or by court order, she is not the guardian and cannot claim child support, wellfare benefits or a tax exemption for that child.

Is that what she is doing?

The district attorney from monterey county had said that my mother had filed for public assistance for my son and some how they had found out that I live in the same home as my son and my mother did not report that.so they had told my mother that she is committing welfare fraud if I live there.im almost done paying off my arrears and then I will be able to go on and live on my own,but if she continues getting the help I will never finish paying the support.my son has a job he is almost 18 and I don't know if she even reported that. So now she wants me to leave from her house so that way she doesn't get in trouble.right now she is blaming the whole thing on me.I have no where to go is there a way I can fight this with the court?

Originally Posted by scottgem

your mother can't "get you for child support". Child support is paid to the custodial parent by the non custodial parent. If your son is living with you, then you are the custodial parent.

Your mother can evict you. It has nothing to do with fairness. If she does evict you its probably because she is being forced to because of the supposed welfare fraud. But she does have to follow the law to evict you. This means giving you written notice to vacate, usually 30 days. If you don't vacate by deadline, then she has to go to court to obtain an eviction order.

I'm also curious about your other post that tal linked to. Could this all be revenge for reporting her husband?

I haven't reported her husband.but he is another reason why she wants me to leave.the room I stay in he wants it for his mother who is also staying in the home.she just came from mexico.he is not legal here so he can't go to mexico to see her,so he had her come to the u.s.and now she lives in the home.so out of no where he tells me to get out.so there are 2 reasons why she is evicting me.im not a lowlife,I do work and provide for myself.I cause them no trouble I always helped in whatever was needed from them.

talaniman · Mar 14, 2014, 07:01 AM

You haven't been ordered by the court to do anything yet. You have time to get your ducks in a row. She obviously thinks the fraud will go away if she gets rid of you (AND get paid). Since you and your son work, you both should leave and be done with this mess.

YSUAREZ81 · Mar 14, 2014, 07:10 AM

Originally Posted by talaniman

you haven't been ordered by the court to do anything yet. You have time to get your ducks in a row. She obviously thinks the fraud will go away if she gets rid of you (and get paid). Since you and your son work, you both should leave and be done with this mess.

She turned my son against me.he wants nothing to do with me.if I could afford to be on my own I would left along time ago.trust me it is so expensive here in monterey county.all I wanted is just a little bit more time to save a little bit amount so I can get the hell out of there,but all of this came in a shot.I was like "whoa!" "what the hell just happened."lol

YSUAREZ81 · Mar 14, 2014, 07:20 AM

Originally Posted by joypulv

how does your mother 'get you for child support?' i don't even get what that could mean.

Here's what will probably happen: At the very least, she will lose her welfare benefits for 2 years worth of you and your son living there. She won't be able to stay there either, i imagine. If she's thinking that if she evicts you all will be ok, i highly doubt it.
As the innocent party, i would try very hard to find out from someone other than her. And i would also hurry to look for other places to share. Your son needs to plan on working after june graduation, if he's in his senior year.

Since she is getting welfare for my son,by the way she is the legal guardian,she has to meet with the child support agent is part of the process where she gives out information about the non custodial parents and they go from there.she didn't report to them that I'm living at her home,so that is when they had found out that I'm living at her home and some how that is welfare fraud.even when he was living with me she still collected welfare for him.

talaniman · Mar 14, 2014, 07:22 AM

I can certainly understand that, but if you have everybody in the house against you, then you may have to consider some drastic actions. Like a room mate or something, and leave this crap behind you. Pity that plans seldom go smoothly. There is always a glitch or obstacle to overcome.

Every time you have posted this deck gets more stacked against you. What confusing is this so called support you keepmentioning. Who pays support for their own grown working kid? I don't get it.

YSUAREZ81 · Mar 14, 2014, 07:44 AM

Originally Posted by talaniman

i can certainly understand that, but if you have everybody in the house against you, then you may have to consider some drastic actions. Like a room mate or something, and leave this crap behind you. Pity that plans seldom go smoothly. There is always a glitch or obstacle to overcome.

Every time you have posted this deck gets more stacked against you. What confusing is this so called support you keepmentioning. Who pays support for their own grown working kid? I don't get it.

I know "right". She is turning him in2 a money hungry person just like her.she is the queen of fraud when it comes to money.

joypulv · Mar 14, 2014, 08:06 AM

I have a feeling this is welfare support, not from the father. Grandma got custody, and applied for support until he is 18. I also have a feeling that mom told the state that she's paying rent, and that's why both her son and her mother turned against her.

Bottom line: start looking now. Look for just yourself, with another woman or two as roommies. Your son is still your mother's care for a few more months. Then she gets nothing anyway.

ScottGem · Mar 14, 2014, 08:07 AM

OK, This is a bit clearer now. Since she is the legal guardian for your son, she can probably collect support from you and welfare for him. But your living with them throws a monkey wrench into it.

But they can't just throw you out. As I said (and you will find in the document I linked to) they have to give you 60 days WRITTEN notice to vacate. If you they try throwing you out before then, you can sue them for an illegal eviction. If they change the locks, put a lock on your bedroom door and try anything else to force you to move, it would be an illegal eviction.

And your vacating is not going to help with the welfare fraud case. The authorities are aware she filed while you lived there. Unless the DA told them they have to have you move, they will still be investigating. And if they found one instance of fraud, they will suspect and look for others. If they see his mother living there, they will check with ICE about both of their status. Once the authorities get a whiff of illegalities they will search for more.