I have a friend that is in college. He father pays her mother child support as she is full time and living with her mother. She is on 'good' terms with her father (that is she sees him and spends time with him, despite her misery of the way he treats he, her family, and her friends as well as other races). Her father decided to lend her a vehicle of his for a few days while her car was in the shop. The car he lent to her had several problems of which she was unaware. The first day of having the car, the tire came off and she ended up hitting another car. The repairs were a few thousand dollars. Because she was the one driving the vehicle, her father decided to stop paying child support until he was/is compensated for the repairs. Despite the fact that it was his car, and ultimately the repairs were caused by poor maintenance rather than her negligence, does he have the right to do that? Can someone please quote me the child support law that states he can do this if he can. I was under the understanding that if it was not in the original child support ruling that child support payments cannot be altered unless both parents go back in and agree to it.
My question: Can someone please quote to me the child support law that states that an agreement cannot be stopped or support withheld without consent by the courts? That is can someone show me the evidence needed to prove my friends father cannot withhold child support on a whim because car repairs, and further, how can she go about getting the amount he has already withheld, paid to her/her mother? She said there is nothing in the agreement about child support being withheld if her father provides alternative additional support.
I would like to add that the parents get along alright so its not like the courts garnish his wages, I guess the courts left it up to the parents to ensure payments are made so he was able to stop them, even though it was illegal (I do not think the mother understood it was illegal) so I was wondering how do they force him to pay this amount not paid?
Mutt
Child support is not money for the child, but is money for the parent to use to help with the cost of raising the child. Therefore, paying for damage the child caused to his car does not constitute child support payments. If he feels it should count toward child support, he will need to have the support order amended (very unlikely to happen for this).
In a nutshell, he cannot decide what counts and what doesn't. The courts have already determined that, and he must abide by that decision.
Orignal From: Illinois child support laws? Support withheld because a car repair?!?
Post a Comment