Seeking Legal Advice on Custody and Caretaking of a Child with Absent Mother

Updated on January 14, 2013
S.L. asks from Rockingham, NC
8 answers

I live with my fiance I've been with for 15 years our 2 children 8 and 9 and we have had custody of his 18 year old daughter for 4 years! I love her like my own but her mother lost custody of her and is not obligated to help financially bc she is on ssi? Anything u know to do?

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J.W.

answers from St. Louis on

Kind of confused here. Know to do what? She is 18 and an adult, she can support herself if you can't. So far as back support it was not ordered so you won't get anything there.

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P.M.

answers from Indianapolis on

An 18 year old isn't a "child". She's legally an adult now. You don't need to do anything.

I'm not sure what your question is exactly.

4 moms found this helpful

C.O.

answers from Washington DC on

sorry - but 18 is a legal adult. you are not "entitled" to child support for a LEGAL ADULT.

If said 18 year old "adult" is disabled, then you need to get the State and Federal governments to help you with disability, social security, etc.
other than that? You won't be getting child support for a legal adult.

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G.B.

answers from Oklahoma City on

A single person on SSDI only gets about $600 per month. If she was ordered to pay minimum wage child support that would be about 1/3 of her income which is more than is legally allowed. It would put a hardship on her. She can't afford to live on what she makes, much less if she had to pay child support too.

So in this case I wouldn't even go after her for child support.

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M.P.

answers from Portland on

If the mother has no money what can you do? I know of no government program that will pay you money. She's living with her father. Caring for her is his responsibility.

If you had custody thru the state then you could be receiving money from the state but she'd be a ward of the court to do that.

The fact that she's 18 has no bearing on child support. If she's still in school and her birth mother were able to pay child support it's likely she would still be required to do so.

Bottom line is that there is no one that would be required to pay. You are doing a good thing by taking care of her. That is it's own reward.

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A.B.

answers from Dallas on

There's not much you can do at this point as she apparently was not required to pay child support.

I am perplexed by those who say that at 18 you are no longer required to pay child support as she's an adult. I know that in Indiana, it can go through college. My brother's stepson was required to be legally emancipaed at age 21! Crazy, I know, but still the case. My brother is divorced and has sole legal custody, and his son will be 18 in September of his senior year in high school. His ex wife will be legally required to pay child support at least through is graduation and will be required to pay child support into college if he cannot get legally emancipated from his mother (which would be the ideal....wish it could happen sooner...). Child support is a weird thing; you can't assume that it ends at 18...it depends on your State's guideliner and the actual decree.

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J.S.

answers from Hartford on

Ok. Let's assume that what you're saying is that between the ages of 14 and 18 your fiance's former wife lost custody of their daughter and wasn't required to help out financially from the state.

That would mean that she hasn't paid your fiance a penny in child support for four years. Because she didn't owe it. And she doesn't owe it now.

And she won't owe it in the future because your fiance's daughter is legally an adult at 18 years old, and if she's not a college or university student while her mother is on SSI and relieved of obligation per the state then your fiance still can't do a thing about it.

You can't wring blood from a stone. In other words, the woman doesn't owe your fiance or that girl a single penny. The state says so. And the court will agree.

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K.S.

answers from Miami on

Is the mom comming back into the picture? Are you looking for child support from her? I'd say she is 18, leave it alone. Because at 18 kid probablywould want answers from her mom. Let them be. She knows you two where the ones who took care of her no matter what she would say out loud.

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