Should my fiance use a lawyer to end his child support in court?

[-----]

My fiance's daughter is 16 and married with a baby. She wants the $800 child support he gives her mother to go directly to her. We believe that she is no longer entitled to child support because she's married.

[La Vie Boheme]

Legally,...I think the child is now emancipated since she is married with a baby. Child support never goes directly to the child..it goes to the custodial parent. Your fiance should consult an attorney just to be sure.

[lisa]

He should definitely speak to a lawyer to find out what the laws are in his state. Usually the court order states that child support continues until the child is age 18 or graduated from high school. I would think that since she herself is now a mother, that the child support should end, but the courts might see it differently.

[sunny]

She isn't. By getting married she declared herself independent legally. Your fiance may still be responsible for any back payments, but those would go to the girl's mother.

[Bobby]

I agree with you, but you will have to go to court to get this settled. That's the way things work.

[Terry M]

That's a tough one. I believe you are correct once married she has become an adult. It sounds like she probably has a pretty poor relationship with her dad and their is a lack of communication probably fueled by her mother! I would honestly check with att. to see what the retainer fee is going to be. Depending on where you live it could be 5-10K. You can bet the chances for a continued relationship with his daughter will be greatly reduced if a suite is filed. I would bet she can't afford an att. if she is wanting the support money. So a good discussion with her about the possible negative outcomes may be his best bet if it is possible.

[vis]

she is married now, what he needs to do is go to the court house where she got married get a copy of that and then down to child support and let them make a copy, he is no longer responsible for her, try that first before he pays for a lawyer it just may save him the fee, do it asap

[Jill]

Child support is a legally binding court issued contract between the two parents. The child has no claim on child support. The child can go for back support only if the custodial parent is dead.

[Jude]

he may pay more taking it back to court than he would if he just continued paying until she was 18.

[George McCasland]

No, he needs only to take proof of this to the Child Support Enforcement Office and make an official request for the order to be modified. They are required to help under federal law.

Federal Child Support Enforcement Handbook for Non-Custodial Parents
http://ChildSupportRights.org
http://childsupportquiz.childsupportrights.org/

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