What can he do to keep my son’s mother from getting her hands on his child support money?

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What can he do to keep my son’s mother from getting her hands on his child support money?

He is 19 an adult child attending college. By state law I am required to continue paying child support until he is 21 while attending school. He lives with his mother and she has been keeping the child support checks. He didn’t realize she had added his name to her checking account so the child support checks that are issued in his name by the state Child Support Division are going into her account. He wants to receive the checks and have control of his own child support so it will be used for college fees but his mother refuses to let him have it. Instead, his mother tells him he will have to pay her back for any college fees. The child support is more than enough each month to pay his college fees. He is very capable of handling his own money and very frugel.

Asked on October 1, 2012 under Family Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you are concerned about the way your son's child support money that you are paying is being used, I suggest that you and his mother enter into a stipulation and order where a whole new bank account is set up in your son's name alone where you pay your monthly child support payments into it. By doing that he will have the use of the money and not his mother.

If she refuses to agree to this, then you need to consult with a family support attorney about filing a petition where you seek a court order to make payments directly to your adult son for the duration of the time period that you are obligated to make your payments per the existing order.


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