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Author Topic: Child Kicked out and requesting information  (Read 2970 times)

Curious_fella

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Child Kicked out and requesting information
« on: Mar 20, 2007, 06:02:51 AM »
 I live in Alabama and pay support on 2 children. My oldest son is 18 and senior in high school. Last week he was kicked out of his mothers house. He called and was going to move in with me but would regret it due to having to change schools and wants to graduate where he has been going. He is currently staying with friends and trying to finish school. I need to change my court order fast so I am financially able to send him money until he graduates, then he will move where I live. Do I need to file a petition to modify my current court order or should I also persue custody of him amd have her pay me until he reaches 19?


notnew

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RE: Child Kicked out and requesting information
« Reply #1 on: Mar 20, 2007, 06:23:00 AM »
My son did essentially the same thing. Came to live with me in Jan/Feb of his senior year. Actually, I lived in another state. He transferred schools, but I spoke with principals at both schools (also guidance counselors) and arranged for him to be able to finish out his senior year at the high school in my area, but he was able to graduate and "walk" with his classmates in his graduation ceremonies at his "home" school in the other state.

One of the kickers for us too was that the graduation requirements in my state were higher then in his state. Even though he had more then enough credits to graduate in my state, they were in the wrong subject areas. Had he fully transferred to my area high school, he would have had to attend another full year to get the required credits.

I think if you and him (since he is 18 - he doesn't need parental permission anymore), speak to all parties involved, you may be able to do the same thing.

check it out. Also, if the kid is not living with mom, then you need to file to have CS terminated asap. Then any support you provide to him on  your own is from your heart and not from a court order. He will probably appreciate it a lot more I am sure!

Good luck.

Curious_fella

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RE: Child Kicked out and requesting information
« Reply #2 on: Mar 20, 2007, 06:28:43 AM »
 Thanks NotNew, I never considered the route you took. All I am focused on is him graduating right now and getting money in his pocket so he can eat and I recommended he pay the family he is staying with since they are truely a blessing with assisting at the last moment.

notnew

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RE: Child Kicked out and requesting information
« Reply #3 on: Mar 20, 2007, 06:48:39 AM »
If you cannot afford an attorney, call the clerks office at the court where your order holds jurisdiction and ask them what forms need to be completed to get a hearing scheduled to cancel the CS for this child.

You can file on your own. It will take a little time to get it moving. Do you pay the mother the CS directly, or does it get collected via a CSE office that then pays it out to her?

If you pay her directly, take the portion you are currently paying for the child and pay him. Get your termination paperwork on file asap so this doesn't bite you in the butt. That kid needs money to live.

It would be better to use an attorney to move it as quickly as possible, but as I said, you can file on  your own if you can't afford one.

Curious_fella

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RE: Child Kicked out and requesting information
« Reply #4 on: Mar 20, 2007, 06:57:33 AM »
 I pay the CS directly to her. I have presented an offer and she has through today to accept it or I will file the petition tomorrow if I don't hear anything. I work work some attorneys and they are assisting me with the paperwork to file. I considered the paying him a portion of the CS but with a court order that could come back and haunt me. I am hoping to gets this settled in court ASAP and send him more for living expenses.


mistoffolees

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RE: Child Kicked out and requesting information
« Reply #5 on: Mar 20, 2007, 07:20:59 AM »
One thing to consider is who he's living with. Are you comfortable with the friends he's staying with and are their parents comfortable with it (if they're living at home)?

In my case, my parents had to move in the middle of my senior year of HS, so they talked with my speech and debate coach and asked if I could stay with him for a couple of months. They paid him to cover my food, and knew that I had a safe place to live.

Make sure that you're comfortable with the living arrangements.

Curious_fella

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RE: Child Kicked out and requesting information
« Reply #6 on: Mar 20, 2007, 07:28:23 AM »
 He is staying with a very loving caring family he has known for many years. I know them and appreciate the support they have provided since I am not in the same city they are. The father has spent alot of time taking my son hunting etc. My son is in a much better environment than where he was before he was kicked out.

HelpingHands

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RE: Child Kicked out and requesting information
« Reply #7 on: Mar 20, 2007, 01:29:00 PM »
My thoughts are to file to have an emergency/ex parte(ex parte- is without notice to the other party- in this case the mother) hearing on child custody(someone here said Alabama- they are considered minors until age 19) and child support review. If the people he's living with are willing to sign affidavits to file with the paperwork that the mother has kicked him out and they have been providing him a place to live, I would think it would get the court's attention that there IS an immediate need to change the current order.

Good luck!

Jade

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RE: Child Kicked out and requesting information
« Reply #8 on: Mar 21, 2007, 06:16:00 PM »
>If you cannot afford an attorney, call the clerks office at
>the court where your order holds jurisdiction and ask them
>what forms need to be completed to get a hearing scheduled to
>cancel the CS for this child.
>
>You can file on your own. It will take a little time to get it
>moving. Do you pay the mother the CS directly, or does it get
>collected via a CSE office that then pays it out to her?
>
>If you pay her directly, take the portion you are currently
>paying for the child and pay him. Get your termination
>paperwork on file asap so this doesn't bite you in the butt.
>That kid needs money to live.
>
>It would be better to use an attorney to move it as quickly as
>possible, but as I said, you can file on  your own if you
>can't afford one.


He has no choice but to pay what the court order states.  The only person who can lower it or change who it is paid to is a judge.  If he were to pay his son's portion to someone else, he will end up paying twice.

I agree that filing for a modification should be done quickly so the right person can get the support.

MixedBag

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RE: Child Kicked out and requesting information
« Reply #9 on: Mar 21, 2007, 06:46:10 PM »
I am NOT an attorney.

AL is awful for having any type of self-help forms available.  They don't exist and I've been looking for them in the three counties that are around me.

Legal age of emancipation in AL is 19 or finishes high school which ever comes later....so...I suggest:

That you file for custody

That you file to have child support made retroactive to the date you filed for custody (but keep on paying until then).

And  I also know from personal experience that during a child's senior year, they can transfer to a new high school but graduate under the old high school's requirements.  

But geez, we're talking April and May where school is concerned.

But not for Child Support and emancipation.  That will happen when he turns 19 even though he has graduated from high school.

AND he can file for "majority support" between the age of 18 and 19 so that he can receive support from both parents while attending college.  Yeppers, our state is one of the few that does that.

And nope, for the 4 children who have emancipated in my wonderfully mixed up family, we've encouraged NONE of them to ask for majority support and they all started out going to college, and neither EX appreciates that.

 

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