Thursday, July 29, 2010

Legal advice please - child support to a 21 year old sibling?

My sister has been living with me for 7 months (she's 17) due to an abusive incident that occured at my parents' house. My mother has refused to relinquish her rights as the guardian, even though she pays no money to me for having my sister here and though my sister has a job and I do support her in many ways comfortably, it's beginning to take it's toll on my way of life. Money is a lot tighter and I've called many legal aids/councilors/lawyers to no avail. I can't find a probono attorney because most of the hotlines say that I make too much money (which is only $3500/month collectively between my husband and I, and bills, food, and rent take it all pretty much take it all) for certain assistance. With no guardianship rights, it's not particularly my responsibility to pay for my sister to live here; but I do. My mother is getting off easy and I don't know how to go about getting her on child support and getting effective legal aid for free. Any advice is appreciated.Legal advice please - child support to a 21 year old sibling?
You should approach your mother with an offer, help out with the expenses or we will file for child support, where is your father is he not able to assist if not have your sister to contact the legal aid society for your area and they could advise you.~Legal advice please - child support to a 21 year old sibling?
Sorry, but child support ends at 18. After that it is only if the parents voluntarily do it. Once you sister hits 18 your mother is totally off the hook. If you want your mother to support your sister then your sister needs to move back home. You have two options, she either keeps living with you until you finally kick her out or your sister moves out on her own and files for emancipation.






I'd try working with CYS; but as long as the mother retains legal guardianship, she's custodial parent; and getting her to pay CS is probably not going to happen.
Either be the good sister and continue to offer support, or kick your sister out. You could ask your sister to find a job to help with the expenses. Most fast food restaurants are almost always hiring and will hire 17-year olds. I worked for one when I was 17.
You are doing a great thing by trying to help your sister out - but it sounds like she needs to be a little more pro-active in fixing her own situation.





If she can't work out some kind of deal with your mother, then she needs to find out about getting herself legally declared an adult - your income shouldn't have anything to do with her ability to get pro-bono work, although the best bet might just be to wait a year until she is 18, then she can do whatever the hell she wants (although don't allow her to take advantage of you - and make sure to set some ground rules).





She needs to know that you are doing this as a favor, and while she might be a guest, she needs to respect you for allowing it in the first place, and try to keep herself out of you and your families way.





Personally, if I were 17, and my parents were screwing around - I wouldn't hesitate to do whatever I had to do to get the hell out of that situation - and it sure wouldn't involve bumming off of my siblings.
At this point, there may not be a whole lot that can be done. Basically, this is a custody and support case. You said you have spoken with legal aide, but what about child services?? Am not sure what they could or would do but they may have some information. At this point though, it may all turn out to be moot. Since your sister is close to 18, the best you could hope to get is back support for the 7 months and possibly for whatever time you have til she is a legal adult. At that point, your mother is no longer legally bound to support her financially. I applaud you for supporting your sister. While that may not help with finances, it should make you feel wonderful about what you are having to do to give her a safe and stable home life.
You can't request child support unless you are the custodial person in charge of the child, which you won't be since she's almost 18 and by the time you get through court it would be a mote issue anyway trying to get that done. Where is dad in all of this?





If they feel she's being a bad kid, and you're caught in the middle, there really isn't a lot of recourse other than to go to social services and see if your sister is qualified for any aid herself financially. Go see them and explain the situation, see what they can do, and if I was you I'd tell your mother you're going to report her to child protective services unless she starts giving you some sort of allowance to feed your sister. Blackmail? No, because you really do have a basis for it, she's not providing for her child, you are.





If all else fails, honestly all you can do is tell yourself you're doing the right thing and they're not... karma is a *****. She's losing both daughters with her bullshit. Not smart on her part, and I'm sure you're both better off without her in your lives.

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