My 17-year-old daughter recently moved in with her father because he lets her do whatever she wants. He is now collecting welfare on her, and he gets SSI for himself. Will he get child support I pay or will it go to the state? He also has an enormous back order support due to me. Will that mean anything?
Also, as she is so old, would a court order her back to my home if I petitioned it? Since she moved in with him she began skipping school and is failing all of her classes and he is doing nothing about it.
Family Law Attorney
The court decides where to place the child based on the child's best interest. Living where she is "skipping school" and "failing all of her classes" likely is not in the child's best interest. On the other hand, the court likely recognizes that sending a 17-year-old to where she does not want to be can be futile.
You cannot offset your current child support obligation against the child support that is owed to you (unless the father agrees).
If the current parenting plan has you as the custodial parent, you can enforce the plan.
Depending on how soon the daughter will be 18, there may not be enough time to make filing court petitions regarding parenting plan worthwhile. Once she is 18, the court cannot make a parenting plan for her. (The court can still decides issues of post secondary education support if a petition for that is filed before the daughter is 18 or graduates high school.)
You should review your specific facts with your attorney to find out your legal options.