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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 09-21-2011, 10:59 PM
beebie beebie is offline
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Default Repayment of child support

My friend's teenage daughter had an argument and left her home for 2 months to stay with her boyfriend. This mother had primary care and residence while the father paid child support. My friend had to continue paying fixed expenses such as mortgage and property tax, school fees, etc during the girl's absence and she also paid for meals and groceries and clothes and other things until the girl came home six weeks later. She also paid the girl directly a full month of child support to buy clothes and necessaries.

Now the father is going to court to get repayment of the two months of CS.

Does anyone have an opinion on what the law is on this issue?
Old 09-22-2011, 08:06 AM
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MommaBear73 MommaBear73 is offline
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From what I understand it has to be 6 months consistently of the child living away from home and then a change can be made. If it was every time a teenager got mad at the parent and left for a bit the courts would be filled with it
Old 09-22-2011, 11:08 AM
HammerDad HammerDad is offline
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It is unlikely that he will receive repayment of this c/s. It was 2 months and the child came home. If nothing else it was a temporary absense. What dad should have done is saught custody once the child left, but now that she is back, the existing order stands.

It probably won't even make it past the pre-trial stage.
Old 09-22-2011, 09:10 PM
beebie beebie is offline
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I don't know what pre trial stage really means but I was surprised that this was set to a hearing. As MommaBear says, the courts could fill up with payor dads/moms asking for reimbursement for the 2 months the child went to Italy on a school trip or the 2 months they had to go to hospital.

Makes no sense to me but I believe the definition of "child of the marriage" supports the interpretation that the child would still be a dependent during the two month absence especially when mom was paying expenses a lot.
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